Bath Solicitors

FAQ’S FOR EMPLOYEES IN BATH

What is business relocation ?

This happens where the organisation moves the employee’s place of work that does not include possible places of work in the original employment contract. If the new premises are too far and too inconvenient for the employee to reach, then the employee can be made redundant.

What is closure of business ?

This happens where the organisation has in fact or intends to close or intends to carry out the business for a purpose other than the one under which the employee worked.  Closure of part of the organisation in which the employee worked is also sufficient for redundancy.

What is reduction in available work ?

Reduction in available describes a situation where there is insufficient work for all employees.  The employer will have to show there is a genuine need to reduce the amount of available work/

What steps should an employer follow when making redundancies ?

Employers must give enough warning to all employees, including absent ones, of redundancies using an ‘at risk’ letter.

Where there is insufficient work, the employer should select a pool of employees from which redundancies can be made with reference to a particular line of work and skills required.  For example, it would not be appropriate to include factory workers where administrative workers need to be made redundant.

At all stages, the employer must consult with their employees, give them time to consider proposals and listen to any suggestions.

Pools of employees can be narrowed down with reference to length of service, but it should be borne in mind that you have to have a legitimate justification for using any criteria.

Importantly, the employer should consider whether alternative work exists within the organisation or any subsidiaries.  If suitable work can be found, it should be offered to the relevant employees marked for redundancy.

When making the dismissal itself, the employees must receive notice in writing and it must contain reasons as to why they have been made chosen for redundancy.  They should also be given a chance to attend a meeting with representative (colleagues or trade union reps.) and any decision following the meeting should be made final by written notice.

How can employees be fairly dismissed ?

Employers must follow the correct disciplinary and dismissal procedures prior to making any dismissals. A reasonably thorough investigation should be carried out, a disciplinary hearing should be arranged, employees should be notified of their right to bring along a colleague or other representatives and notice of the hearing should be given in writing.  The employer should also consider whether dismissal is absolutely necessary with reference to the employees conduct and past performance.  If the decision to dismiss the employee has been made, the employee should be notified in writing, reasons need to be given and the employee must be advised on his right to appeal the decision.