What are the 5 fair reasons for redundancy?

What are the 5 stages of redundancy?

What are the top two reasons for termination?

Do you have to have a reason to make someone redundant?

Yes, employers need to be able to explain and justify the reasons for making an employee redundant. If the employee considers these to be unfair, they could lodge an appeal and/or bring an employment tribunal claim for unfair dismissal and/or discrimination against the employer.

What is a valid reason for dismissal?

Performance. An employee may be dismissed from their job for poor performance. Generally, poor performance is when an employee has not been performing their role to a satisfactory standard. If you have been under-performing in your role, this may be a valid reason for dismissal.

HOW A REDUNDANCY WORKS - Explained for Employees

What are the 6 fair reasons for dismissal?

What are the four major grounds for dismissal?

The “causes” that are grounds for dismissal run the gamut including: illegal activity such as stealing or revealing trade secrets, dishonesty, breaking company rules, harassing or disrupting other workers, insubordination, excessive unexcused absences, and poor job performance by some objective measure.

What criteria can be used for redundancy?

How do you justify redundancy?

What constitutes unfair redundancy?

What is unfair dismissal? Unfair dismissal occurs when your employer hasn't followed a fair redundancy process. Employers should always speak to you directly about why you've been selected, and look at any alternatives to redundancy. If this hasn't happened, you might have been unfairly dismissed.

On what grounds can you terminate an employee?

India's labor laws cite the following reasons that justify termination for cause—willful insubordination or disobedience; theft, fraud, or dishonesty; willful damage to or loss of employer's goods; partaking of bribes or any illegal gratification; absence without leave for more than 10 days; habitual late attendance; ...

What are good reasons to fire an employee?

What are automatically unfair grounds for dismissal?

Automatically unfair reasons for dismissal

family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants. acting as an employee representative. acting as a trade union representative. acting as an occupational pension scheme trustee.

Can I be made redundant if my 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.

Who decides redundancy?

Your employer should decide who's at risk of redundancy. This is called the 'pool'. Your employer should tell you about the pool before choosing you for redundancy. For example, your pool could be everyone in one part of the business or everyone with a certain job title.

Can you make someone redundant and then replace them?

Unfortunately, employers are allowed to make an employee redundant and then hire someone to do the job for lower pay. This would include an apprentice carrying out the role after the previous employee was made redundant. However, they should have offered this role (and the pay) to you before hiring the new person.

Can length of service be used in redundancy selection?

It is possible to use a length of service criterion for selecting people for redundancy but only in certain circumstances: A criterion like this needs to be used cautiously because it could indirectly discriminate.

What is an example of unfair dismissal?

incapacity (the worker does not do the job properly, or the worker is unable to do the job due to illness or disability) retrenchment or redundancy (the employer is cutting down on staff or restructuring the work and work of a particular kind has changed)

What are the 3 forms of dismissal?

When can an employee be fairly dismissed?

Fair procedure must be complied with for dismissal to be fair”. In order for dismissal to be fair, both substantive and procedural fairness must be complied with. Failure to comply with either or both, will result in the dismissal of an Employee being deemed unfair.

What is classed as gross misconduct?

Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure.

How do you prove unfair dismissal?

To prove that a dismissal was automatically unfair, the reasons that prompted the employer to dismiss the employee must be identified and it must be established that the employer was motivated by one or more of the reasons listed to get rid of the employee.

What does some other substantial reason mean?

Some other substantial reason (SOSR) is a broad term an employer may use to apply to a dismissal that does not neatly fit into one of the other justifications. There is no statutory definition of “substantial” but relevant authorities have confirmed that the reason must not be frivolous or insignificant.

What are examples of constructive dismissal?

What is automatically unfair?

An automatically unfair dismissal is a dismissal that is so inherently unfair that an employee is not usually required to prove two years' continuous service. This is because employees are afforded specific proection by law if dismissed in circumstances where the dismissal violates their basic employment rights.