If it is no longer necessary for the work to be undertaken by a single person, even if it is being disbursed to a number of other people or overseas, then your. your employer is not happy with your conduct; you were pregnant or disabled; made redundant but job still exists. Redundancy from Employment Law Friend. If your employer is keeping the same jobs but needs fewer people to do them, they must decide on a fair way to choose you from the pool. Your employer will. Can staff be made redundant if the job still exists? No, you can't make someone redundant if their job still exists. Redundancy can only happen if a job is no. If the change to your duties is of such significance that your position no longer exists, you can argue that your employer has made your job redundant. The.
It's the 'job' that must no longer be needed, as opposed to the employee's 'duties'. It can still be a redundancy if a person's duties have been redistributed. Thus, a redundancy may still be considered genuine where those responsibilities survive a restructure but are redistributed or absorbed into other positions. I see a couple of different ways this works out. First, confront it. Have an open, frank, rational, and calm conversation with your boss and. If you have been made redundant, it is likely that your job still exists; it has just been made redundant along with you. It is something of a sticky point in. Can staff be made redundant if the job still exists? No, you can't make someone redundant if their job still exists. Redundancy can only happen if a job is no. An employer can make you redundant, then hire someone else to do the job, for example on lower pay. However, they must have offered the role, also known as. Whereas a Non genuine redundancy is where your job still exists but one of the other conditions may apply. With the 'leaves voluntarily' it is up to the. Accept the position and return to work under protest: You can return to work while you are still negotiating with your employer, but you should make it clear. If you do not apply or you're unsuccessful in your application, you'll still have a job until your employer makes you redundant. Unfair selection. You cannot be. If your job role no is longer required, i.e. your job no longer exists, your employer can make you redundant without having to follow a selection process.
If it is no longer necessary for the work to be undertaken by a single person, even if it is being disbursed to a number of other people or overseas, then your. A genuine redundancy means your position no longer exists. It will be an unfair dismissal. Suggest you keep on doing your job. No need to train. This can be difficult for your employer to justify as fair and you will still qualify for a redundancy payment so long as no vacancy exists in the area (type of. Despite its name, a redundancy is still treated at law as a dismissal at the initiative of the employer. This means that all the same protections available to. 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. Can you be made redundant if your job still exists? Although there are numerous legitimate grounds for redundancy, it is illegal to be laid off when your job. Before your employer makes you redundant they might offer you another job in the organisation. This is called 'suitable alternative employment'. The employee was the only person to be made redundant. It was found that while some of the employee's duties still existed, the job was no longer required. This. The need for the worker has diminished or ceased · New systems in the workplace · The job no longer exists because other workers are doing the work you carried.
But what should you do if your company is redundancy. TUPE This right exists for all employees affected by the transfer, whether incoming or outgoing. If you're 'made redundant', it is usually understood to mean that the job you had no longer exists. · To be fired also means to lose a job, but. You cannot be made redundant if the job still exists unless there have been significant changes to the role. If there are significant changes to the job, such. while I was on maternity leave. Where do I stand? This may not be a genuine redundancy situation if your job still exists (and your maternity cover is. For a redundancy to be genuine, you must demonstrate that the employee's job will no longer exist. Redundancies can be compulsory or non-compulsory. If you.
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