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