Can a company replace you after redundancy?
Although you cannot make someone redundant and then replace them with someone fulfilling the exact same role, you may be able to replace them in a similar position. The contract must look different and there must be discernible and reasonable changes that require the redundancy and refilling of the position.
Should redundancy notice be given in writing?
Your employer should tell you about your notice period when they tell you they’re making you redundant. It’s better for them to do this in writing, but they don’t have to. Your notice period only starts when your employer says you’ll be made redundant and gives you a finishing date.
What are my rights if my company is taken over?
When your company is taken over your employment rights are protected under the ‘TUPE’ regulations. Your existing employment terms and conditions stay the same. Your new employer cannot force you to accept a lower salary or other changes to your terms and conditions.
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.
How soon can you advertise a job after redundancy?
You can advertise a job after redundancy at any time. However, employment tribunals account for the time between redundancies and rehiring. Because of this, any employers that are considering advertising a job after redundancy should wait three months.
What is the notice period for redundancy?
The statutory redundancy notice periods are: at least one week’s notice if employed between one month and 2 years. one week’s notice for each year if employed between 2 and 12 years. 12 weeks’ notice if employed for 12 years or more.
Can I be made redundant by letter?
For those selected for redundancy, you should also put the details of their redundancy in writing. This can be by letter or email.
Do I get redundancy if my company is sold?
The new employer can’t make employees redundant just because they were transferred from another employer. The new employer can consult about redundancies before the transfer if the old employer agrees.
What happens to the staff when a company is sold?
Broadly, TUPE provides that when a business is sold to a new owner: The employees’ jobs usually transfer over to the new company; Their employment terms and conditions transfer; and. Continuity of employment is maintained.
How do I know if my redundancy is fair?
Check if your redundancy is fair
- Contact your nearest Citizens Advice if you need help at any stage.
- Check if your employer has discriminated.
- Check if you’ve been chosen for a fair reason.
- Make sure your employer holds a group consultation if they’re making at least 20 people redundant.