Is restructuring the same as redundancy?
Is restructuring the same as redundancy? Restructuring is not the same as redundancy. A company or organisation can often be restructured, for example, involving the redistribution of work among the same number of employees, where redundancies will not need to be made.
How much does a role need to change to be redundant?
In no case has the Court said that a change of 20 percent in the duties of a role will always mean that the role is redundant. Nevertheless, a 20-percent change to an employee’s role remains a useful guide for determining whether there has been enough change to say the role is different.
Can you restructure before a TUPE?
Before a TUPE transfer Before the transfer, your current employer cannot make you redundant if your new employer asks them to. This would be considered an unfair dismissal.
How do you terminate an employee due to restructuring?
It is with deepest regret that I must notify you of your position being eliminated from the organization.” Explain that the company is restructuring due to whatever reason and that their job is impacted. If you want to give a little more detail, wait until the second paragraph.
Can you be made redundant if your job still exists?
Although there are many reasons for legitimate redundancy, it’s illegal for you to be made redundant whilst your job still exists. Therefore, if you think someone else has taken your job after you’ve been made redundant, seek professional advice immediately.
Can an employer replace a redundant position?
Once employment has terminated by reason of redundancy, if the economic situation suddenly changes and the employer needs to employ someone, it may re-employ the redundant employee. There is no obligation on it to wait a certain period of time before offering re-employment to that individual.
What is a sham redundancy?
What is a sham redundancy? The first thing to ask when questioning a redundancy dismissal is whether there was a genuine redundancy situation in the first place. Sometimes businesses use redundancy as an excuse to hide unfair or discriminatory motives. That’s called a sham redundancy.
Can I be made redundant if my role still exists?
Can my employer make me redundant when my role still exists? Although there are many reasons for legitimate redundancy, it’s illegal for you to be made redundant whilst your job still exists. Therefore, if you think someone else has taken your job after you’ve been made redundant, seek professional advice immediately.
Can I get redundancy instead of TUPE?
Your new employer may decide to make you redundant after your TUPE transfer, but they will only be able to do so if it is a genuine redundancy situation (i.e., there is no longer a need for your role within the company) and there is a genuine requirement to make changes to the workforce for economic, technical or …
Can you restructure after TUPE?
After a TUPE transfer, employers can agree with employees to change an employment contract following the usual process.
How do you announce a restructure?
Communicate early and often Through emails, town hall meetings, video messages, and other channels, you should announce the plan for the restructure, clearly conveying why the change is being made, the timeline, and what can be expected.
Can I terminate an employee without cause?
Your employer can terminate your employment at any time and without warning. They do not need to have a good or valid reason to let you go, so long as they are not firing you for discriminatory reasons. If your termination is not tied to severe workplace misconduct, you dismissal is considered one “without cause”.
What are my rights if I am made redundant after Tupe?
Find out more about your rights during redundancy. If you’re made redundant after a TUPE transfer, your new employer is responsible for any redundancy pay. Your redundancy pay must be based on your length of service (‘period of continuous employment’). This includes the time you worked for your old employer before you transferred.
What is the difference between restructure and redundancy?
Restructuring is not the same as redundancy. A company or organisation can often be restructured, for example, involving the redistribution of work among the same number of employees, where redundancies will not need to be made. What happens in a restructure?
What are my rights in a TUPE transfer?
You have your usual employee rights to a fair redundancy process in a TUPE transfer. Before the transfer, your current employer cannot make you redundant if your new employer asks them to. This would be considered an unfair dismissal. A redundancy consultation can start before the transfer if both your current and new employers agree.
How to make more than 19 members of staff redundant?
Remember, if you’re proposing to make more than 19 members of staff redundant, you’ll need to follow collective redundancy procedures. This involves consulting with employee representatives over the situation and considering alternatives to the redundancy. These should take place: