Employers are required to consult with appropriate representatives of affected employees where it proposes to make 20 or more employees redundant at one establishment within a 90-day period. More key redundancy letter templates. Employees who have a representative role in a collective consultation process such redundancy, TUPE or proposed changes to a pension scheme Aim: To explain the relevant context in which the employee will act as a representative; and the duties of the representative in the consultation meetings and reporting back afterwards We will attend your site to hold individual or collective . we have announce a redundancy, and are about to start formal consultation. If there are no union representatives or existing employee representatives with a mandate to consult about collective redundancies, the employer will have . Election of employee representatives. The role of employee representatives in the context of a redundancy exercise is to represent the views and opinions of their constituent employees in the information and consultation process. The thresholds are as follows: Less than 20 employees: no set rules on when to begin. An employee with two or more years of service by the time their notice period ends is entitled to be paid up to 40% of a week's pay in total under the scheme. As part of its obligation to inform and consult over proposed collective redundancies or transfers of an undertaking, an employer may have to arrange for the election of employee representatives. Step 3: Let people know their post is at risk of redundancy. Introducing new technology or a need to cut costs to save a business are . Elections may also need to be held under an information and consultation agreement or in order to consult about changes to pension schemes. Inform the Minister for Employment Affairs and Social Protection of your proceedings at least 30 days before the first redundancy takes effect. Representatives need to be able to: tell employees about the proposals and share information ask employees for their views, suggestions and any questions they may have You must then consult with either trade union or elected representatives of affected employees. Term of office: administration, the redundant employees were able to claim up to 8 weeks of this entitlement from the Government (through the Redundancy Payments Office). The consequence is that you must be entitled to take what the representative says as part of the employee's response. Once an employer proposes redundancies, they have a duty to inform and consult with appropriate representatives (trade union representatives, directly elected representatives or a standing body of elected or appointed representatives) of the affected employees. Whilst restructuring employees can have lucrative cost saving benefits employers need to ensure they are aware of and avoid the inherent legal risks . The rules are, to be honest, tedious and time consuming, but it must be done. Reducing the numbers of employees to be dismissed and. Every workplace can enjoy the benefits of taking a best practice approach to consultation and cooperation. Not only is it a legal requirement to consult appropriate representatives, but representatives who understand what is required of them and are equipped with the skills to perform their role can help to ensure that the process runs as smoothly as possible. This letter informs employees of results of the election process for employee representatives for collective redundancy consultations and explains what will be discussed in . How many redundancies are being considered. If required, sessions can be split into 2 x 3-hour sessions or 3 x 2-hour sessions. Unless there is an existing employee representative body which is authorised to receive information and to consult on behalf of the affected employees, the employer will need to allow employees to appoint employee representatives for the specific redundancy consultation. Please note that the consultation period for collective consultation process runs from the date of the first collective consultation meeting with employee representatives. Employers are required to consult with appropriate representatives of affected employees where it proposes to make 20 or more employees redundant at one establishment within a 90-day period. The employee representative could act in group negotiations — both formal and informal — or accompany one individual in a meeting with the . 20 to 99 redundancies - the consultation must start at least 30 days before any dismissals take effect 100 or more redundancies - the consultation must start at least 45 days before any dismissals. In the absence of formal standing arrangements, employee representatives should obtain prior permission from an appropriate representative of management. Role & Responsibilities of Companions. If your employer is planning to make 20 or more employees redundant within a 90-day period, your trade union, or elected employee representative if you don't have a union, should be consulted before anyone is given notice. . (Section 17 Redundancy Payments Act, 1967). An employee who is entitled to a redundancy payment (service of at least 104 weeks) are entitled to at least 2 weeks notice. It is important to remember that if the total number of staff who are proposed to be dismissed by redundancy is over 20, then the collective . 1. Every employee at risk of redundancy has the right to a redundancy consultation meeting and this . Before an employer begins to consult with union reps or elected employee representatives, they must provide them with written information. And it must be done at a time when an organisation is already going through a challenging change process. Don't think because you're only making a couple of people redundant you can skip the consultation process. The statutory duty to collectively consult applies where you're proposing to make 20 or more employees redundant at one establishment within 90 days or less. Q2. agreement with the appropriate representatives. The roles of employee representatives vary but most: receive information from and give information to management pass on information more widely within the workforce are consulted by management over certain workplace matters This will normally occur when an employee is no longer needed because: the business is changing. In particular, the consultation must cover ways of: Avoiding the dismissals. Provide a forward-looking, positive attitude for the future and show the remaining employees the value of their role in that future; Planning and implementing an effective consultation process in a redundancy situation will ensure that all employees are kept informed, understand the process and their concerns are dealt with fairly and consistently. Employee representatives that are elected specifically to take on the role of collective redundancy representative. Module aims. are prepared for the consultation process. Your employer has to follow a fair redundancy process if you'll have worked for them for at least 2 years by the time your job ends. Please feel free to use the contact form, or call us on 020 7100 5256. It will help you meet your obligations and get the process off to a smoother start by ensuring that everyone knows their role and responsibilities. In recent times issues concerning redundancy and restructuring have been of major concern for organisations as they seek to structure their operations in a more effective and efficient manner. Step 8: Consider alternatives. Redundancies are a tough and testing time for employees, and the immediate shock of the situation can mean that employee's fail to make the most of the redundancy consultation process. With a true redundancy, an employer must show that a role no longer exists. 100 or more employees: must begin at least 45 days before first redundancy. Apart from your individual meeting there isn't a set . There are strict rules around the election process to be followed. . deciding what should be included in redundancy packages You should encourage employee representatives to speak on behalf of employees. You should be invited to at least 1 individual meeting with your employer to discuss redundancy. The pack will enable you to provide training to employee representatives prior to the commencement of the formal collective redundancy consultation processes. The role of these representatives is to help us to inform and consult with staff about what this redundancy process means for them and . This is called collective consultation. This advice applies to England. By Philip Cameron - 24 July 2020. Following the end of the consultation process, the redundancy plan must be filed with the labor administration for approval. what it does or how it does it is changing. 1. Sometimes employment law (typically collective redundancy rules or TUPE) requires an employer to consult with appropriate representatives of affected employees. It may be the difference between keeping your job or losing it. However, all employees whose employment is ending due to redundancy must be given notice in terms of the employment agreement. The role of employee representatives in the context of a redundancy exercise is to represent the views and opinions of their constituent employees in the information and consultation process. One of the first steps in the consultation process will be to make an announcement to the staff of your proposals. The group of collective redundancy representatives can include those who are representatives of a trade union and representatives as described in 2 or 3 above, so as to ensure that all affected employees are adequately represented. Step 2: Determine which roles will be placed at risk of redundancy. The principal duties and responsibilities of employee representatives include - a) representing members fairly and effectively in relation to matters arising within the undertaking or establishment in which they work and which concern employment and conditions of employment 13. The main legal claims that an employer in a redundancy situation might face are for: a 'protective award' where the employer has failed to consult collectively with employee representatives: this award starts at 13 weeks pay (actual pay not the statutory capped sum of a week's pay) per affected employee and a Tribunal will only reduce that figure where it believes there is a good reason to do so. ensure that the candidates for election as employee representatives are affected employees on the date of the election ensure that no affected employee is unreasonably excluded from standing for election ensure that all affected employees on the date of the election are entitled to vote for employee representatives An employer can require an employee to work out their notice. In the absence of formal standing arrangements, employee representatives should obtain prior permission from an appropriate representative of management. 20 to 99 employees: must begin at least 30 days before first redundancy. Ensure there are enough representatives to represent the interests of all affected employees, specifically considering the number of affected employees and their job roles; and; Consider if the affected employees should be divided into groups and have each group represented, e.g. With a true redundancy, an employer must show that a role no longer exists. 3. Employers in redundancy (and TUPE) consultations have to tell employee or union representatives: how many agency workers are working for the employer the parts of the employer's undertaking where those agency workers are working, and the type of work that the agency workers are carrying out. 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