Redundancies
In this uncertain financial climate the number of companies making redundancies in the effort to reduce costs is on the increase. As with other aspects of Employment Law, it is imperative to follow correct procedures.
1. Do you need to consult with your employees about proposed redundancies?
2. Have you used the correct selection process?
3. Have you documented the procedure throughout?
Key points when considering redundancies
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Both compulsory and voluntary redundancies should be taken into account when determining whether there is a need to carry out collective consultation.
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The right to be consulted if an employer proposes to make 20 or more employees redundant over 90 days or less.
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Meaningful consultation as the penalty for not doing so can be up to 90 days per employee
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Where the business reasons for redundancies lead to collective consultation, consultation with employee representatives in respect of those business reasons.
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Consultation is not the same as negotiation therefore no need to reach agreement. All that is required to satisfy the obligation to consult, is that you discuss the matters witrh the employee representatives and consider their representations.
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New Restriction on employing migrant workers - 1 April 2009
Under new regulations in force from 1 April 2009, employers will not be able to hire tier 2 migrant workers unless the role has been advertised for a minimum of two weeks on JobCentre Plus.
Bosses face jail for health and safety breaches
Employers who breach virtually any health and safety law could face a prison term or fines up to £20,000 under new powers.
The penalties were only previously applicable to a small number of breaches but the Health and Safety Offences Act 2008 has broadened the power to cover almost all offences.
‘It is right that there should be real deterrent to those businesses and individuals that do not take their health and safety responsibilities seriously’ said Judith Hackitt, chairman of the Health and Safety Executive.
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