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Redundancy without consent

Can a person be made redundant without discussion?

No, they can’t.   The first thing to realise is that if you were made redundant without proper procedures being followed then it may be ‘unfair dismissal’.   Improper redundancy opens the door to a claim for unfair dismissal and proper procedures are dictated either by the employers letter of engagement which you should have received when you began work,  or alternatively by fair procedures that the law recognises.

 

Fair procedures involve a consultation process that has to be engaged in with all staff who may be effected by the proposed redundancy.   These procedures involve several meetings with the effected staff (and in certain circumstances other staff)  on a one-to-one basis to discuss the options for the future of each relevant job.

 

The situation is different if there is a Union involved representing all the staff.  The employer should engage with the Union which then acts as the staffs' agent in negotiating the issues.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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