trade union representative redundancy

January 11, 2021 by No Comments

Consulting with trade unions or employee representatives in large-scale redundancies If you're planning to make 20 or more employees at the same workplace redundant within 90 days (large-scale or 'collective' redundancies), you must follow 'collective consultation' rules. The Trade Union and Labour Relations (Consolidation) Act 1992 was amended by these regulations which require that consultation should be with a recognised trade union, or with other elected representatives of the affected employees where no trade union is recognised. Redundancyu0007u0007 (3)bb is one situation where the role of the trade union representative is certainly valued by the under threat workforce. Take a look at our wide range of resources. "Statutory redundancy pay is calculated using a formula based on complete years of service, a capped amount for a week’s pay and an age factor," she adds, but if … We have come across some situations where there are ‘freelance’ union representatives who attend hearings with employees, and this is permitted within the definition. These legal rights are set out in Section 10 of the Employment Relations Act 1999 and the ACAS Code of Practice. In practice this means the union becomes recognised by the employer without using any legal procedures. Those being made redundant have legal rights, including redundancy pay for those with more than two years' service. The TUC has a history of developing analysis and research to inform economic and employment-related issues. Rules employers must follow when making staff redundant - consultations, notice periods, compulsory and non-compulsory redundancy and redundancy pay The counter offer also has terms and restrictions attached which means there's a strong chance we won't even get the full amount. No, the employee does not have to be a member of the trade union, and the trade union does not have to be one that is recognised by the employer. You’re also entitled to statutory redundancy pay and the law sets a minimum rate. This includes representative duties associated with collective redundancies and the transfer of undertakings. If you have at least two years of service, you are entitled to reasonable paid time off to look for alternative work or training. I am in the Unite Union, and our management have started a 45 day consultation process to negotiate our redundancy packages. A collective redundancy situation is where you plan to make 20 or more employees redundant at one establishment within a 90 day period. If your employer prevents you from being represented, it could have to compensate you. Its prime focus is representatives of independent trade unions in workplaces where the union is recognised for collective bargaining purposes. For between 20 and 99 employees, it is 30 days. Of course, the vast resources of a national trade union are likely to be significantly more effective in doing that than an ad hoc effort from a handful of isolated employees. Redundancy tends to be one of the situations in which the presence of a trade union will be greatly appreciated by a workforce. If an employer and trade union find they are unable to come to a voluntary recognition agreement, a trade This guide is for union reps - understanding coronavirus and workplace issues, employer negotiations and how best protect the workforce. Can you advise on what steps I can take to ensure I get the best deal for myself? Redundancy affects not only individuals, but their ... e.g. The representative can either be a trade union representative or a representative elected by the employees affected. Most employers will allow this. If there is no recognised trade union, it must be … Some reasons can never be used by an employer to justify selecting someone for redundancy. Thanks, Hellow mis /mr please I need your help for my redundancy I have letter form my company I been made redundant I must replay in 5 working days date of letter was 12/10/2016 please I need your help perhaps I can talk to some one I will by great full for your help thank you, hellowmis /mr please I need your help for my redundancyi have letter form my companyi been made redundanti mustreplay in 5 working daysdate of letter was 12/10/2016please i need your help perhaps i can talk to some onei will bygreat full for your help thank you, You should seek independent professional advice before acting upon any information on the RedundancyExpert website. A redundancy plan will help employers manage each stage of the process, and staff or trade union representatives may need to be involved in developing it. You'll need to think carefully. © Trades Union Congress 2021, unless otherwise stated. Nothing beats being a union member, but if you are looking for particular guidance on a workplace issue have a look at our workplace guidance. Where proposed redundancies involve 100 or more employees, consultation must last at least 45 days. If your employer is making 20 or more employees redundant at the same time, the consultation should take place between your employer and a representative (rep). Stay up to date with the TUC and get the latest news, reports and regional information. If a union is recognised where you work, they may have been able to negotiate redundancy rights and pay that exceed the statutory minimum. The Code also provides advice concerning union learning representatives. You are a member of a trade union; ... employer whether they actually select those volunteers for redundancy. Trade union victimisation, ... Offering you a promoted post on the condition that you give up your membership of the NEU or stop being a representative would be unlawful. An employer needs to … However, the Union rep who is attending the meetings has rejected an offer made by management before informing any members of this offer, and given a counter off which is not as beneficial to the majority of the members. You can ask to be accompanied by a trade union or employee representative. Hi, A significant part of this project is to work with Trade Union representatives to provide comprehensive information directly to Shop Stewards and Trade Union Officials. select staff for redundancy; give staff notice; work out redundancy pay; support staff and plan for the future; If you’re planning to make 20 or more employees redundant at the same workplace within 90 days (large-scale or 'collective' redundancies), you must work with any recognised trade union or employee representatives to develop your plan. You receive redundancy notice. If you refuse a suitable alternative post that is offered by your employer before you are made redundant, your employer may be able to refuse to pay you a redundancy payment. It would constitute a form of unfair dismissal and, because of it, legal action could be taken against the employer at an employment tribunal. I've been told I will be made redundant. You will have to check the redundancy policy of your employer to see what it says about being accompanied by a trade union representative or colleague to meetings during the redundancy process. If you believe your redundancy is unfair, the best way to respond is to join with co-workers (through the union if you have one) and raise the issue collectively with your employer. To access the admin area, you will need to setup two-factor authentication (TFA). Representatives Under the collective rules, consultation must take place between the employer and a representative. In both cases they are entitled to time off to carry out their duties in relation to the redundancy consultation. Selecting you or your NEU colleagues for redundancy on grounds that you are NEU members, or because you have participated in union activities, would be unfair dismissal. Basically, we were apparently offered a payment plus a 12.5% retention bonus, and this was a good deal and suited most members. 1995/2587 , reg. What are my rights? We don't recognise a trade union and are going through a redundancy programme at the moment (currently at consulation stage with our employee reps). (8) This section does not confer any rights on a trade union [F21, a representative] or an employee except as provided by sections 189 to 192 below. TWO senior trade union leaders say it is time for an extensive overhaul of the legislative framework governing redundancy provisions going into 2021, with … In a negotiation, moreover, much of the employees’ leverage comes from their ability to create bad publicity for the company. a union representative made redundant because they had complained about not being allowed reasonable time off to carry out trade union duties would not need two years’ service. It refers to when a worker is let go because their job no longer exists. Redundancy can count as unfair dismissal if your employer has unfairly picked you out for redundancy, not consulted you properly, or failed to offer you suitable alternative employment. Redundancy consultation: a study of current practice and the effects of the 1995 regulations (PDF, 163kB) What payment am I entitled to? We also provide allocation of leaflets that the Trade Union representative can make available to the person who is facing a … We all hear about redundancies on the news, especially in bad economic times. Stage four: Establish a proposal for restructure and its supporting rationale. a union can gain recognition for collective bargaining purposes is by the employer simply agreeing to recognise it voluntarily. But they do still exist on a large scale in certain sectors. I feel our union have been extremely weak in the negotiations and have actually accepted an offer which is worse for the majority of the staff in the union. union representatives to attend. Singling out trade union members for redundancy selection, however, amounts to unlawful discrimination. The stress worry and anxiety about job security and the complexities of the redundancy process can be daunting. Redundancy can count as unfair dismissal if your employer has unfairly picked you out for redundancy, not consulted you properly, or failed to offer you suitable alternative employment. TUC's plan outlines a new short-time working scheme designed to prevent mass unemployment and to help firms bounce back after the crisis, Report: A new jobs protection and upskilling plan, The TUC produces a wide range of research and analysis reports. No members where notified of the offer or any counter offer. Being made redundant is not the same as getting the sack. The representatives will be either elected employee representatives or trade union representatives. What happens after the consultation? It can be a fair reason for letting someone go, but the employer must meet particular legal requirements. I've been made redundant. According to redundancy law, if 20 or more employees are going to be made redundant, the consultation process is more structured and must involve trade union or employee representatives. Please read our, How to Tell Employees You Are Making Them Redundant, How to Tell People You've Been Made Redundant, When a Workforce Fights Against Redundancy, What to do if your Employer Becomes Insolvent. My employer has offered me a different job as an alternative to redundancy. Under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), where at least 20 redundancies are proposed at the same establishment within a 90-day period, the employer must consult "appropriate representatives" of any affected employees. These include notifying the government that the redundancy is taking place and consulting with representatives of the workforce. Your employer must have objective transparent and fair process for selecting who will be made redundant. The Trade Union and Labour Relations (Consolidation) Act 1992 Information and Consultation of Employees Regulations 2004. An employer proposing to make 20 or more employees redundant in any 90-day period, must consult with trade union representatives or other elected employee … Second, that the person who you want to accompany you is either a work colleague or a representative of a trade union. If there is a trade union in the workplace, these representatives will be from the trade union. Trade Union Rights and Representation in Redundancy November 29, 2016 We spoke to the Hannah Reed, Employment Rights officer for the Trade Union Congress to get some advice on the role of Trade Unions during the redundancy process and to learn more about Union representation and how Unions can protect our rights. The Collective Redundancies (Amendment) Regulations 2006 (SI 2006/2387) However, those on lower salaries due to their skills/responsibilities/job profile etc... would not have benefitted as much as higher earners, and said union rep is in the former category, thus accepting a deal which is better for the minority of staff which he is in. I want to know how legitimate is his ability to accept an offer which is worse for me without any consultation or communication. The trade unions are not necessarily involved in the process of a collective redundancy, but employers are strongly encouraged to negotiate the contents of the redundancy plan and sign a collective bargaining agreement with the employees appointed by the trade unions as union representatives. Trade unions have been diminishing in importance in the British economy for some time. When the redundancy plan is negotiated with the trade unions' representatives, the negotiation takes place in parallel to the consultation of the … Where do I stand? It is unlawful to select employees for redundancy because they are part-time, on a fixed-term contract or because they are a trade union member or representative. Redundancy pay can be multiplied beyond a payment based on actual salaries, following consultation with trade unions. Your employer considers your objections and, if they decide to go ahead with redundancy, they must confirm this to you in writing. A trade union representative can address a disciplinary hearing, put and sum up the your case, respond to any views expressed at the meeting and confer with you during the meeting . If you're an employee with at least two years' service in your job, you're entitled to a statutory redundancy payment. I am currently employed by a major UK employer and they've announced closure of the plant I work at. You can raise objections and suggest alternatives to redundancy, for example, alternative work, short-time working, or lay-offs. You should be consulted in advance in order to discuss alternative options, be given reasons for the redundancy and be given a chance to try out any alternative offer of work for four weeks. Today, only around 28% of British employees are members of a trade union. Textual Amendments F1 Words in sidenote to s. 188 omitted (26.10.1995) by virtue of S.I. During a collective redundancy, there are special obligations on the employer. Redundancy Pay The procedure must state that: As a minimum, redundancy pay is calculated on the basis of actual salaries, not the statutory redundancy pay cap. Collective consultation must be with trade union representatives. ... a collective consultation involving a union or employee representative… Are you a union rep looking for help and advice to support your colleagues at work? Examples include being a member of a trade union, being pregnant, or acting as a safety representative, but there are many other examples. Anyone being made redundant has certain legal rights. Useful resources. For more information on redundancies in general, see redundancy: the options. 3(10) If a union is recognised where you work, they may have been able to negotiate redundancy rights and pay that exceed the statutory minimum. Of practice government that the person who you want to accompany you is either a work colleague or a of. Work, short-time working, or lay-offs concerning union learning representatives 've been told I be... Regional information to date with the TUC has a history of developing and. To inform economic and employment-related issues considers your objections and suggest alternatives to redundancy admin area, you entitled. Within a 90 day period is for union reps - understanding coronavirus and workplace issues, employer negotiations how... 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