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. It would constitute a form of unfair dismissal and, because of it, legal action could be taken against the employer at an employment tribunal. Can you advise on what steps I can take to ensure I get the best deal for myself? Take a look at our wide range of resources. If a union is recognised where you work, they may have been able to negotiate redundancy rights and pay that exceed the statutory minimum. Redundancyu0007u0007 (3)bb is one situation where the role of the trade union representative is certainly valued by the under threat workforce. 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. In a negotiation, moreover, much of the employees’ leverage comes from their ability to create bad publicity for the company. I've been made redundant. 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. 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. But they do still exist on a large scale in certain sectors. Representatives Under the collective rules, consultation must take place between the employer and a representative. What are my rights? Its prime focus is representatives of independent trade unions in workplaces where the union is recognised for collective bargaining purposes. TWO senior trade union leaders say it is time for an extensive overhaul of the legislative framework governing redundancy provisions going into 2021, with … Stay up to date with the TUC and get the latest news, reports and regional information. 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 . 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. Your employer considers your objections and, if they decide to go ahead with redundancy, they must confirm this to you in writing. 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). 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. 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 … These legal rights are set out in Section 10 of the Employment Relations Act 1999 and the ACAS Code of Practice. These include notifying the government that the redundancy is taking place and consulting with representatives of the workforce. 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. To access the admin area, you will need to setup two-factor authentication (TFA). 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. 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. Stage four: Establish a proposal for restructure and its supporting rationale. union representatives to attend. This includes representative duties associated with collective redundancies and the transfer of undertakings. 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. Those being made redundant have legal rights, including redundancy pay for those with more than two years' service. I am in the Unite Union, and our management have started a 45 day consultation process to negotiate our redundancy packages. I've been told I will be made redundant. We all hear about redundancies on the news, especially in bad economic times. If your employer prevents you from being represented, it could have to compensate you. 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. Singling out trade union members for redundancy selection, however, amounts to unlawful discrimination. An employer needs to … ... a collective consultation involving a union or employee representative… Basically, we were apparently offered a payment plus a 12.5% retention bonus, and this was a good deal and suited most members. The Trade Union and Labour Relations (Consolidation) Act 1992 Information and Consultation of Employees Regulations 2004. 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. The representatives will be either elected employee representatives or trade union representatives. 1995/2587 , reg. If there is no recognised trade union, it must be … 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. Being made redundant is not the same as getting the sack. The Code also provides advice concerning union learning representatives. If an employer and trade union find they are unable to come to a voluntary recognition agreement, a trade 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. The representative can either be a trade union representative or a representative elected by the employees affected. 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? 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. If you're an employee with at least two years' service in your job, you're entitled to a statutory redundancy payment. A collective redundancy situation is where you plan to make 20 or more employees redundant at one establishment within a 90 day period. If you have at least two years of service, you are entitled to reasonable paid time off to look for alternative work or training. Rules employers must follow when making staff redundant - consultations, notice periods, compulsory and non-compulsory redundancy and redundancy pay 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. Are you a union rep looking for help and advice to support your colleagues at work? Redundancy affects not only individuals, but their ... e.g. Textual Amendments F1 Words in sidenote to s. 188 omitted (26.10.1995) by virtue of S.I. You can raise objections and suggest alternatives to redundancy, for example, alternative work, short-time working, or lay-offs. Hi, 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. 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. This guide is for union reps - understanding coronavirus and workplace issues, employer negotiations and how best protect the workforce. 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. If a union is recognised where you work, they may have been able to negotiate redundancy rights and pay that exceed the statutory minimum. Trade unions have been diminishing in importance in the British economy for some time. 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