While your employer is making a selection for the purpose of redundancy, it should be ensured that it is based on certain evidence and not just deciding an employee to whom the notice should be given. Some of the procedures to be followed by your employer in the redundancy process are given below:
Selection for redundancy:
- The employer will have to follow the following procedures while selecting employees for redundancy:
- If the employer has agreed with a trade union for deciding the method of redundancy, it should be properly followed. If your employer is not doing so, he should follow some general approaches in selecting the employees for redundancy.
- When the group of employees to be made redundant is clear, the employer need not follow any selection procedure. For instance, if a particular operation in your company is going to be stopped, then the employer need not consider redundancy of employees engaged in other operations since he will have to make the employees engaged in the operation that is going to be closed as redundant.
- The employer can follow the method called ‘selection pool’. Under this method the employer can consider a group or section from which redundancies can be selected. Once the employer identifies the selection pool, the employer should select some people from that group and can then narrow down the list of employees who should be made jobless. Here, it would be better, if the employer uses objective selection criteria, which can be applied fairly and equally across the workforce.
- The employer can select people for redundancy on the basis of disciplinary records, experience, capability, appropriate skills and competences and not on the basis of race, religion, gender, marital status, age, trade union membership or disability. If the selection for redundancy is made on the basis of later grounds, then the redundancy becomes an unfair dismissal.
- Your employer can follow the method of last in first out (i.e.) he can consider the number of years of service of the employees and select people with shortest service for redundancy. But, when this method is followed by the employer, it can be indirect age discrimination if people of certain age group are affected by the redundancy.
Redundancy notice period:
In case your employer has selected you for redundancy, he should give a notice period before the end of your employment. According to law, your employer should follow the points given below as far as redundancy notice period is concerned:
- 12 weeks notice if you are working for the past 12 years or more.
- In case you have experience between two and twelve years in the organization, one week notice for each year.
- If you are employed between one month and two years a minimum of one week notice should be given.
Even though, these periods are prescribed by law, you should also check your employment contract, where in your employer might have specified longer notification periods.
In case, your employer is not following the above-mentioned procedure for redundancy, first you can talk to your employer or you can also get the help of your trade union official.
