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HR | Employment Law | Health & Safety

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Neathouse Partners logo
HR | Employment Law | Health & Safety

Grounds For Refusing Suitable Alternative Employment 

grounds for refusing suitable alternative employment

Employers must offer any employee who is entitled to statutory redundancy pay suitable alternative employment if such a position is available during the redundancy process. At the point of the offer being made, an employee can either accept or refuse the job offer made. Regardless of the employee’s decision, if suitable alternative employment exists but […]

Collective Consultation – What Is It And When It Should Be Used

Collective Consultation

What is collective consultation? Collective consultation is the process where employers consult with a small number of staff representatives on behalf of a larger number of employees. This occurs most frequently when employees are affected by proposed redundancies of 20 or more staff or the transfer of the business (TUPE), but other scenarios warrant collective […]

Redundancy

Redundancy

Redundancy is a reason for dismissal from employment, and for redundancies to be made, there must be a genuine business case that can prove that there is a reduced need for the type of work that the employee does. This can often occur when there is a downturn in sales, new systems replace manual workers, […]

Ill Health Redundancy Pay – Your Employer Obligations

Ill Health Redundancy Pay

If you are making redundancies in your workplace and have staff on long term sick leave, then you may have questions about ill health redundancy pay.  Staff on sick leave must be treated no differently to staff that are in the office when it comes to managing redundancy in the workplace. Sick members of staff […]

If Someone is Made Redundant, Can They be Replaced?

if someone is made redundant can they be replaced

if someone is made redundant can they be replaced? Yes, they can but it may invite unwanted pressure from the person that was replaced if you are not careful. Is this legal? And what recourse is available to your former employee if they feel unfairly treated? In this article, we will look at the potential […]

Offering Voluntary Redundancy – What Employers Need To Know

offering voluntary redundancy

Offering voluntary redundancy is a way that employers can reduce the size of their workforce by asking employees to voluntarily terminate their contracts in return for a financial incentive. This is in contrast to standard redundancy proceedings where employers select employees at risk of redundancy themselves.  Although nothing new, following a tumultuous couple of COVID […]

Redundancy Consultation Meeting – What Employers & Employees Need To Know

Redundancy Consultation Meeting

A redundancy consultation meeting is an opportunity for an employee to discuss the terms and specific details about a possible redundancy that may affect them when their employer has indicated that they need to reduce the size of their workforce.  Every employee at risk of redundancy has the right to a redundancy consultation meeting and […]

Unfair Dismissal: Furlough As An Alternative To Redundancy?

Unfair Dismissal Furlough As An Alternative To Redundancy

Two recent cases demonstrate that the employment tribunal will examine whether the employer has considered furlough when determining whether an employee’s redundancy is unfair. We examine both cases in detail below, as well as outlining the implications for employers. Mhindurwa v Lovingangels Care Ltd This recent employment tribunal case concerned a live-in care assistant, Ms […]

How To Conduct Collective Redundancies

How to conduct collective redundancies

A ‘collective redundancy’ occurs when a business proposes to make at least 20 employees redundant at the same establishment within a 90-day period. When carrying out a collective redundancy, you are legally required to go through a collective consultation process with appropriate representatives of the affected employees. We outline below what your legal obligations are […]

Redundancy Selection: Pools

Redundancy Selection: Pools

Identifying the redundancy pool is an integral part of the redundancy process. We outline below the main considerations that employers need to be aware of when dealing with this aspect of the redundancy process. The Legal Background To Redundancy Redundancy occurs when an employer no longer requires employees to do a specific type of work […]