A Guide to Redundancy

Redundancy is a painful process for both the employee and the employer. It is a decision that many businesses seek to avoid but sometimes a restructure of the organisation or reducing the number of roles is necessary.
Redundancy occurs where an employee is dismissed for reasons such as:

1. Employer ceasing business
2. Requirements of the business have changed
3. Employer requires less employees
4. Change in work systems (mechanisation etc)
5. Role amalgamation

It is essential when roles are being made redundant the selection and consultation process is fair and objective and those employees who are selected are done so in a transparent and fair manner. Most third-party claims in relation to redundancy are often based on the selection process.

Selection
There are two broad methods of selection for redundancy:

1. Last in First Out
2. Selection matrix: objectively selects employees for a redundancy based on a compiled score of their skills, knowledge, and other relevant criteria. The criteria must be as objective as possible, which should only be based on facts which have been documented and/or raised to the employee prior to the redundancy.

Employers would be bound by the precedent for redundancy selection in the company or agreed mechanisms between a union and the company. It is imperative that businesses are aware of the following two points:

• Custom and practice – what did the company do in previous redundancies if any?
• Agreed procedure – is there a precedent or an agreed procedure in place? This is more commonly seen in unionised work environments.

In terms of the recommended process, employers should make an announcement to the employee(s) – advise them they’re ‘at risk’ of redundancy, explain why this is happening and inform the employee you will then be entering into consultation with them.

Consultation

• Consultation meetings should be arranged with the employee(s), an employee is entitled to bring representation i.e., colleagues/external union official.
• During these meetings it’s important to give the employee(s) an opportunity to have their input/say into the situation.
• Consider proposals for alternative roles/options – implement if feasible.
• If there is no alternative roles/no other viable options – you are looking at proceeding to termination – and give notice of redundancy.
• Ensure notes are taken at each meeting and request that the employee(s) sign these to confirm they are an accurate reflection of the items discussed.
• Consider offering a right to appeal the redundancy decision.
• Redundancy process should not be rushed - there should be at least a minimum of two weeks for consultation.

Jury Service - FAQ

The Juries Act 1976 places a civic duty on individuals to provide jury service when chosen to do so by random selection. The Act has a number of provisions aimed specifically at an employer’s obligations to employees who are requested to undertake jury service. We have set out these obligations through a set of FAQs.

Do employers have to provide paid time off for employees who attend jury service??
Yes, the employer must allow the employee to take paid time off to attend jury service where required. This also includes when an employee is summonsed for jury service but may not actually be called on to serve on the jury panel.

Is this protected leave??
Yes, an employee’s employment is protected for the duration of their jury service. At the end of jury service leave, they are entitled to return to their original job under terms and conditions no less favourable than those which would have applied if they had not been absent.

Can employers request that the employee does not attend jury service??
The employer is prohibited from stopping an employee from fulfilling their civic duty to attend jury service, however, an employer can ask the employee, if they agree, to make an application to be excused which outlines the reason why they are unable to attend. It is important to note that the decision to grant the application is at the discretion of the County Registrar. If the application is refused the employee must be allowed to attend jury service.

How can application to be excused be made??
Employees should state their reasons as fully as possible on the form J2 that is attached to the original summons, explaining why they should be excused and send it to the County Registrar. The application should include any certificates or documents in support of their application.

An employee has been called to give evidence for a civil / criminal case, are they entitled to paid time off??
No, jury service should not be confused with a situation where an employee has been requested or subpoenaed to provide evidence in civil law or criminal proceedings. In such a case, there is no entitlement to paid time off work. However, the organisation may, at its discretion, decide to allow the employee to avail of either annual leave or unpaid leave.

Is the employee entitled to annual leave and public holiday entitlements??
Yes, employees continue to accrue annual leave and are entitled to their full public holidays.

How much notice should an employee give when called to jury service??
An employee should provide written notification to you that they need to avail of jury service leave. This should be received as soon as possible after they have received the jury service summons. You can request that the written notice includes evidence of the times and dates that they are required to attend court. 

In the instance that an employee is required to attend part of a working day for jury service leave, can an employer request they return to work??
Yes, an employee must return to work immediately after they have been released from court. For each day they attend jury service, they should provide you with a certificate of attendance from the County Registrar evidencing the dates and times of their jury service.?

Posted in Employment Law