The Employment Law & HR Podcast

Restructure and redundancy: When do you have to pay redundancy pay if there is alternative employment available?

In this episode of the podcast I cover a question from a listener which follows on nicely from the last episode when I answered a question about changing employee hours and redundancy. In this episode I tackle the difficult issue for employers regarding suitable alternative employment and the impact of an employees refusal on their right to redundancy pay. 

In this episode I will cover:

  • The legal position in the Employment Rights Act about redundancy payments.
  • What an employer should consider when deciding if a role is a 'suitable alternative' or not.
  • How an employer should make an offer of alternative employment and what to include.
  • The circumstances in which an employee can generally refuse an offer and when that refusal will be reasonable.
  • Practical steps for employers to take when considering alternative employment.
  • How to try to resolve potentially difficult issues with employees.

Action Points

  1. If you are restructuring and there are alternative roles consider carefully how you are going to match employees with the new roles.
  2. Analyse the differences in the roles between old and new and try to consider how it will be perceived from the employee's perspective.
  3. Discuss any objections with the employee and see if you can reach an agreement.
  4. Seek advice if you are unsure whether you are required to make a redundancy payment or not.

Useful Links

Devon Primary Care Trust v Readman - Court of Appeal

Claim for redundancy pay or other payments where the employer is insolvent

Redundancy Mini-Series

 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

 

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_123_final.mp3
Category:general -- posted at: 3:30am EST

Redundancy and restructure & Why you should be concerned with staff group chats

In this episode of the podcast I cover two topics that employers should be aware of; the first comes from a listener question about redundancy and changing terms of an employee's contract and the second topic is inspired by the front page of my local newspaper, The County Press.   

In this episode I will cover:

  • The definition of redundancy and how it relates to a restructure.
  • When changing terms of employment can trigger a redundancy situation.
  • What you need to consider as an employer.
  • The case of Fauchon v Packman Lucas Associates which deals with this issue.
  • Why employers need to give consideration to what employees are sharing and sending to one another on group chat services.
  • Why I believe group chats are high risk for employers from an internal perspective and a risk to reputation.
  • The key points to consider to try to direct employees on the usage of group messaging services such as Facebook Messenger and WhatsApp.

Action Points

  1. If you are considering reducing staff hours or making internal changes consider whether there is a potential redundancy.
  2. If you are unsure give consideration to your obligations to consult with staff individually and potentially under collective consultation rules.
  3. Implement a 'group chat' policy either as a separate policy or as part of your social media policy - A policy will be available to download in our DIY document shop shortly but in the meantime if you would like a policy please contact alison@realemploymentlawadvice.co.uk
  4. Educate staff on the appropriateness and risks of communications with colleagues.
  5. Outline your rules and expected behaviour in communications amongst staff.
  6. Seek advice if you are unsure.

Useful Links

Fauchon v Packman Lucas Associates - Employment Appeal Tribunal

The Isle of Wight County Press 

 

Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

 

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

 

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

 


The information contained in this Podcast is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

 

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh

HR Isle of Wight | HR Salisbury | HR Eastleigh

Direct download: Episode_122_final.mp3
Category:general -- posted at: 1:00am EST

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