The Trade Union and Labour Relations (Consolidation) Act 1992 Information and Consultation of Employees Regulations 2004. This guide is for union reps - understanding coronavirus and workplace issues, employer negotiations and how best protect the workforce. 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. 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. 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. Those being made redundant have legal rights, including redundancy pay for those with more than two years' service. In practice this means the union becomes recognised by the employer without using any legal procedures. I've been told I will be made redundant. ... a collective consultation involving a union or employee representative… Redundancyu0007u0007 (3)bb is one situation where the role of the trade union representative is certainly valued by the under threat workforce. 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 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. 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. No members where notified of the offer or any counter offer. Redundancy consultation: a study of current practice and the effects of the 1995 regulations (PDF, 163kB) If a union is recognised where you work, they may have been able to negotiate redundancy rights and pay that exceed the statutory minimum. If your employer prevents you from being represented, it could have to compensate you. Your employer considers your objections and, if they decide to go ahead with redundancy, they must confirm this to you in writing. "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 … Are you a union rep looking for help and advice to support your colleagues at work? 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. 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. 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. 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. What happens after the consultation? Being made redundant is not the same as getting the sack. This includes representative duties associated with collective redundancies and the transfer of undertakings. The TUC has a history of developing analysis and research to inform economic and employment-related issues. An employer needs to … You receive redundancy notice. You are a member of a trade union; ... employer whether they actually select those volunteers for redundancy. 3(10) Basically, we were apparently offered a payment plus a 12.5% retention bonus, and this was a good deal and suited most members. Where do I stand? 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. To access the admin area, you will need to setup two-factor authentication (TFA). 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. 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. You can ask to be accompanied by a trade union or employee representative. Hi, TWO senior trade union leaders say it is time for an extensive overhaul of the legislative framework governing redundancy provisions going into 2021, with … Rules employers must follow when making staff redundant - consultations, notice periods, compulsory and non-compulsory redundancy and redundancy pay I've been made redundant. (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. If you have at least two years of service, you are entitled to reasonable paid time off to look for alternative work or training. For more information on redundancies in general, see redundancy: the options. What are my rights? The representatives will be either elected employee representatives or trade union representatives. 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. 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. Stage four: Establish a proposal for restructure and its supporting rationale. Examples include being a member of a trade union, being pregnant, or acting as a safety representative, but there are many other examples. We also provide allocation of leaflets that the Trade Union representative can make available to the person who is facing a … 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. union representatives to attend. The representative can either be a trade union representative or a representative elected by the employees affected. Useful resources. Your employer must have objective transparent and fair process for selecting who will be made redundant. But they do still exist on a large scale in certain sectors. These include notifying the government that the redundancy is taking place and consulting with representatives of the workforce. When the redundancy plan is negotiated with the trade unions' representatives, the negotiation takes place in parallel to the consultation of the … a union can gain recognition for collective bargaining purposes is by the employer simply agreeing to recognise it voluntarily. The counter offer also has terms and restrictions attached which means there's a strong chance we won't even get the full amount. Today, only around 28% of British employees are members of a trade union. It would constitute a form of unfair dismissal and, because of it, legal action could be taken against the employer at an employment tribunal. These legal rights are set out in Section 10 of the Employment Relations Act 1999 and the ACAS Code of Practice. The stress worry and anxiety about job security and the complexities of the redundancy process can be daunting. 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. What payment am I entitled to? It can be a fair reason for letting someone go, but the employer must meet particular legal requirements. Second, that the person who you want to accompany you is either a work colleague or a representative of a trade union. 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). 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. In a negotiation, moreover, much of the employees’ leverage comes from their ability to create bad publicity for the company. Collective consultation must be with trade union representatives. 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 . 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. If you're an employee with at least two years' service in your job, you're entitled to a statutory redundancy payment. If a union is recognised where you work, they may have been able to negotiate redundancy rights and pay that exceed the statutory minimum. My employer has offered me a different job as an alternative to redundancy. 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. We have come across some situations where there are ‘freelance’ union representatives who attend hearings with employees, and this is permitted within the definition. 1995/2587 , reg. Textual Amendments F1 Words in sidenote to s. 188 omitted (26.10.1995) by virtue of S.I. Redundancy affects not only individuals, but their ... e.g. Can you advise on what steps I can take to ensure I get the best deal for myself? © Trades Union Congress 2021, unless otherwise stated. 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. If there is no recognised trade union, it must be … Redundancy tends to be one of the situations in which the presence of a trade union will be greatly appreciated by a workforce. You’re also entitled to statutory redundancy pay and the law sets a minimum rate. The Code also provides advice concerning union learning representatives. Its prime focus is representatives of independent trade unions in workplaces where the union is recognised for collective bargaining purposes. 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. Singling out trade union members for redundancy selection, however, amounts to unlawful discrimination. Representatives Under the collective rules, consultation must take place between the employer and a representative. You'll need to think carefully. Some reasons can never be used by an employer to justify selecting someone for redundancy. 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. 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. Trade unions have been diminishing in importance in the British economy for some time. 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. It refers to when a worker is let go because their job no longer exists. 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 … 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. In both cases they are entitled to time off to carry out their duties in relation to the redundancy consultation. Redundancy pay can be multiplied beyond a payment based on actual salaries, following consultation with trade unions. Take a look at our wide range of resources. During a collective redundancy, there are special obligations on the employer. Anyone being made redundant has certain legal rights. Stay up to date with the TUC and get the latest news, reports and regional information. Most employers will allow this. We all hear about redundancies on the news, especially in bad economic times. If an employer and trade union find they are unable to come to a voluntary recognition agreement, a trade If there is a trade union in the workplace, these representatives will be from the trade union. You can raise objections and suggest alternatives to redundancy, for example, alternative work, short-time working, or lay-offs. I am currently employed by a major UK employer and they've announced closure of the plant I work at. 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). 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. For between 20 and 99 employees, it is 30 days. The Collective Redundancies (Amendment) Regulations 2006 (SI 2006/2387) 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. I want to know how legitimate is his ability to accept an offer which is worse for me without any consultation or communication. 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. Where proposed redundancies involve 100 or more employees, consultation must last at least 45 days. 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