Compulsory redundancy private company

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Kittykat

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Redundany has been suggested but it is not company wide. They are just looking at one team. They want to dismantle it. Person is head of team. They want to divide his role between staff kept in team and an external company. So to me that means role still exists?

Can this happen?
Do they have to offer an alternative role under existing conditions?

Thank you.
 
I wouldn't have thought so. Its clear they want to reorganise and from experience I would suggest that the person involved come round to accepting the situation whilst ensuring that they get the best possible package.
 
Redundancy has to be fair.
Firstly a company should offer voluntary redundancy.
If they don't get sufficient voluntary applications they then implement forced redundantcy.
Forced redundantcy must also be fair.
The normal rule applied is last in first out.
Other than this it would only be fair to make a longer serving employee redundant if their particular skill was no longer needed and they could not adapt or be trained to fill an existing role.
 
Kittykat said:
Thank you. Is 'reorganisation' like a loophole for outsourcing a role that still exists?
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It could be viewed as "a variation of a theme". Person being made redundant could try to bring a case and they may or may not be successful and even if successful can you imagine the atmosphere in the workplace subsequently.
 
S class said:
Firstly a company should offer voluntary redundancy.
If they don't get sufficient voluntary applications they then implement forced redundantcy.
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That's not something that is mandatory. Particularly if it applies to small numbers.
 
S class said:
Firstly a company should offer voluntary redundancy.
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That’s not necessarily true. Particular roles and/or functions may become redundant and the people affected may be redundant by dint of the roles they occupy.
S class said:
The normal rule applied is last in first out.
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This is certainly an option where mass redundancy is contemplated among people carrying out similar roles but it doesn’t apply where it’s proposed to discontinue the functions of a particular unit or a particular person.
 
It still exists but if it forms part of a wider reorganisation of work, then it may pass the test for redundancy. If however the person carrying out the work is merely replaced then the redundancy is a sham one that may constitute unfair dismissal.
Kittykat said:
Do they have to offer an alternative role under existing conditions?
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They have to pursue options for alternative roles and/or redeployment but they may not necessarily exist.

In private sector organisations, the normal practice is to offer an exgratia payment that requires the individual to sign away his/her employment rights in return.
 
Remember people don't get made redundant, roles do. So reorganising a team and reallocating roles across that team to drive down cost via a redundancy programme is likely to be perfectly ok, providing they do it correctly.

In terms of a redundancy process, a lot depends on if it is one person or more then one person. The lattler implies a collective redundancy process which requires a formal consultation period of 30 days. Attached will give a good guideline

Collective Redundancies

www.workplacerelations.ie
 
This would not be collective as numbers too low.
I assume consultation period is first and then if redundancy letter issued notice period starts then ?
 
If role is be allocated to someone else how can you be made redundant if role still exists? Should that person also be part of decision process and matrix be applied to both ? This does not seem to have happened (they have not been included in an "at risk" meeting )
 
Peanuts20 said:
Remember people don't get made redundant, roles do.
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Is this really true? What about a company who's policy is to cull relative weak employees each year and replace them with lads with whiter socks? Say the lowest X% of sales people?

Do such replaced people get redundancy payments, including statutory redundancy?
 
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Does the person going to do the tasks of the person made redundant as well as their current tasks? Are the tasks of the person redundant going to be carried out by several person as additional tasks?
 
I am sorry for your pal... redundancy is not easy and no matter what your question/argument is they will find a way to cover the fairness or legitimacy of it.
I was made redundant with the excuse that our service given by my team was not required any longer. Today I work providing the service to that same company (outsourced). The people that are supposed to know what I did have no idea of what they are doing, they just play an interface role and get us to do the work. it was a just a saving cost exercise.
I hope you (or your pal) are in the union, it will help somehow to get the best deal. I agree with what has been said, focus on getting the best package.
 
Thank you. You are right. (It is a friend). It's a bitter pill to swallow after nearly 15 years of service and working especially hard through covid to keep things afloat. There are definitely a few queries on the process so far and yes unions will be involved to get the best outcome for him. Thank you all for being a sounding board
 

In my experience most redundancies are targeted. It most likely not anything personal but an employee with 15 years service is usually at the top of their pay scale. To determine who is being targeted have a look at the package being offered as it will be most advantageous to the person the company wants to go. Your friend should not go into any meetings on their own. Always bring someone preferably a union rep. It will act as a buffer. Most employment contracts have the catch all phrase of ‘and any other duties’ so very few roles are specific.
 
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