For employment law to be effective there needs to be a balance between protecting employees and enabling businesses to operate effectively in order to support economic growth.
Advice and guidance on employment law often focuses on the rights of employees and what employers have to do to comply with their responsibilities. This focus can leave some businesses feeling they have lots of responsibilities but no rights, the balance is all in the favour of the employee, and being afraid to take on and effectively manage their staff.
This guidance aims to dismiss some of the myths about what employers can and can't do in managing their workforce. It tells you what you are reasonably entitled to ask and know about your employees, and what action you can take if there are problems.
As an employer - as long as you act fairly and reasonably - you are entitled to:
This is intended to help employers understand what they can do in general. Of course, individual circumstances may vary and employers should act in accordance with their legal obligations.
Your employer has said they may make you redundant. What can you do? What should your employer be doing?
What is redundancy?
If your employer is making less than 20 employees redundant in one establishment it is an individual consultation.
Your right to consultation
If this doesn't happen, your redundancy may be unfair dismissal.
If your employer is thinking about making collective redundancies they have a duty to consult with the potentially affected employees' representatives.
Redundancy selections and notice periods
Your employer should use a fair and objective way of selecting people to make redundant. This means that it should be evidence based rather than your employer just deciding who they want to make redundant.
Redeployment by your employer
You should check your employment contract to see if your employer offers a more generous redundancy package.