The role of employee representatives in the context of a redundancy exercise is to represent the views and opinions of their constituent employees in the information and consultation process. Information and consultation failures can result in joint and several liability between the outgoing and incoming employers, although the contract governing the transfer can cater for apportionment of liability here. This is not to say that minor issues should be ignored; indeed what is minor to one person may be a major problem for another. However, this is a grey area of law and confusion can arise over whether consultation should begin when proposals start being considered, when significant thought has already been given, or when plans are underway.
Your duty is to inform and, where any measures are proposed to be taken, to consult with them.
The Directive does not apply to those businesses with fewer than 50 employees. by changing work hours or patterns, or changing pay or other terms and conditions of employment – this will only be lawful if the employer has agreed any change with the employee representative body. Consultation should begin as early as practicable and, if possible, employers should allow for longer than the statutory period of consultation. Employers who are obliged to collectively consult, because they are proposing to make 20 or more redundancies within 90 days or less at one establishment, must notify the government of the proposed redundancies in writing on form HR1. One of the secretary's most important roles is keeping minutes of the committee's proceedings.
Employees therefore have the legal right to transfer to the new employer on their existing terms and conditions of employment and with all their existing employment rights and liabilities intact (although there are special provisions dealing with old age pensions under occupational pension schemes). All relevant full-time and part-time employees must be included.
disciplinary warnings/action plans, type of work to be done by those remaining, their employer (or associated employer) offers a suitable alternative job before the current contract expires, it starts within 4 weeks, and the employer makes the offer in writing, trial periods are usually for 4 weeks, but can be extended if retraining is required (there should be an agreement in writing to the actual period), if the trial period is successfully completed the employee is therefore deemed not to have been made redundant, if the employee rejects the new job before the end of the trial period because it turns out to be unsuitable, or for good personal reasons, redundancy will be considered to have started the day the old job ended, alternatives already considered but not believed to be viable, suggestions on how to mitigate redundancies, numbers and descriptions of affected employees, the proposed time period over which dismissals will take effect, the proposed selection process and how employees are to be pooled, the method of calculating redundancy payments, business rationale for the proposed changes, provide the employee with additional, relevant information about the proposed changes, explain how the proposed changes affect the individual employee, allow the employee to air their views, ask questions and discuss their circumstances, confirm that their role is at risk of redundancy, ensure the employee understands the proposed method of implementing the proposed changes, discuss all options available to the employee, the number of employees required to perform a particular task is to be reduced – this is known as a diminished requirement, a particular role is no longer required – these are known as redundant posts, the timescales for key stages of implementation, having the opportunity to ask questions and make suggestions, having the opportunity to raise queries on a confidential 1 to 1 basis, understanding the role of an Employee Rep, their options if they do not agree with the proposed changes.
The outgoing employer has a duty to provide the incoming employer with written details of the transferring employees (including identity, age, particulars of employment, disciplinary and grievance records, employee claims and collective agreements) together with all associated rights and liabilities that will transfer.
For further information visit the Department for Work and Pensions. 5. If the worker is engaged under a genuinely casual relationship and is not an ‘employee’, they may not be covered by redundancy legislation.
Although the minimum consultation period prior to the first redundancies has been altered by legislation over time, the period over which redundancies are made is still calculated over a 90-day period, and the penalty for breaching the rules reflects this, providing a maximum protective award of 90 days’ pay for each employee where there was failure to comply with consultation requirements. Whilst under TUPE employment liabilities connected to the transferring employees will always transfer to the incoming employer (so employee claims should always be made against the new employer), the parties can still agree contractually to divide up the liabilities between them in a different way. Employees impacted by a redundancy programme will naturally be concerned with securing the best outcome for themselves and any hint of favouritism or different standards of service may result in claims of bias.
The purpose of the EWC is to provide 'transitional information and consultation' for their entire workforce. Where an independent trade union is recognised, the employer must consult with its representatives.
Every meeting should have as its focus a well prepared agenda and all members of the committee should be given the opportunity of contributing items to the agenda before it is circulated. to listen to, understand, filter and voice the informed opinions of staff which affect the organisation as a whole or which affect a significant group within the organisation. If temporary or fixed-term workers are employees, they have the right to be included in the consultation process. The ICE Regulations, as they are known, were introduced on 6 April 2005 and apply to organisations with more than 50 employees. The new employees may be taking up different posts (or the same posts in a different location) or there may have been an unexpected change in business prospects – a successful tender for a large corporate pension scheme for example.
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