Hello, my name is ***** ***** it is my pleasure to assist you with your question today. is your daughter willing to take the redundancy package
She is not aware what it will be yet
ok thank you I will go through the options.leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Ok thank you, ***** ***** has not had verbal warnings.
Many thanks for your patience. Whilst redundancy can crop up at any time, to be fair the employer has to show it is a genuine situation that requires redundancy.
The term 'redundancy' is used to describe a situation in which an employer decides to reduce the number of its employees. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied the statutory definition of a redundancy, which can be found in The Employment Rights Act 1996:
1. Business closure – where the whole of the employer’s business is closed
2. Workplace closure – closure or relocation of one or more sites
3. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant).
The third reason above creates the most challenges. Examples of when there is a reduced requirement to do work of a particular kind are:
So as long as the employer can show that their situation fell within one of the accepted reasons for declaring a redundancy, the test will be satisfied and the focus then shifts on the remainder of the redundancy procedure. This would include what consultation took place, whether any suitable alternative employment was offered to those at risk and the general fairness of the redundancy procedure applied by the employer.
If there is a genuine redundancy situation then she will have to consider what other options are available and if nothing suitable exists she may have to rake redundancy, although if she would prefer a lower paid job just to remain employed then she can take that but it is up to her.
Finally, the fact she is being paid below the minimum wage is illegal and she can ask for that to be immediately rectified but it would not change her rights in terms of redundancy. The only thing it would change is that she cannot be offered another lower paid job if it means she still does not get the minimum wage she is entitled to by law.
Hope this clarifies your position? If you could please let me know that would be great, thank you
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