If an employer has unfairly dismissed you from your job there are several problems which could arise. If you strongly believe that you have been dismissed unfairly, mostly because they never had a good reason to warrant such dismissal or failed to follow the right procedures, it is important that employees understand their right in dismissal situations.
Redundancy often results in disputes between an employer and former employees. Unfair dismissal is known as one of the circumstances that can result in disputes arising.
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Failure to Follow Correct Redundancy Procedures
Redundancy is often considered to be unfair in cases where employers have not followed the guidelines outlined in law for performing it. For instance, if over 20 individuals are being made redundant, employers are required to take part in collective dispute consultation. Failure to do this automatically makes the dismissal unfair.
Unfair Dismissal
Besides procedural violations, it would be an unfair dismissal if the employer tells the employees that they would lose their job due to redundancy, however, in a real sense that is not the case. If this is the case then redundancy would be utilized as the pretext for other things. The primary reason for unfair dismissal varies greatly.
Redundancy
If an employer makes you redundant there are specific procedures and processes, they ought to have followed to make sure they remain on the appropriate path of employment law. Employees being made redundant have certain rights to things like alternative employment offers, redundancy pay, and notice periods.
Resignation
Any person thinking of resigning from their job for any reason ought to prepare themselves by making sure they read and understand their rights as an employee who is departing and the procedures the employer should follow in cases when the employee decides to leave.
Settlement Agreement
Also known as termination agreements or severance agreements, may be entered into in cases where an employee opts to leave employment, for instance via dismissal or unfair redundancy. The main reason is settling all claims an employee could have upon leaving. This could also serve as a way to settle other kinds of employment claims such as harassment or discrimination.
The Role of Redundancy Solicitors
Once a settlement agreement has been drafted, the primary condition is that the employee must have received proper advice from independent advisers, mainly a redundancy solicitor. A Redundancy solicitor needs to sign a letter or certificate, to clearly indicate that they have provided a worker with advice, based on the effect and terms of the agreement brought to them and on the worker’s ability to follow through claims before the tribunal of employment. This certificate also shows that the redundancy solicitor has the insurance required for them to offer any advice.
Basically, the redundancy solicitor provides advice on the exact compensation amount that is expected. A settlement agreement will not be enforced unless the worker has received the advice needed from the redundancy solicitor.
Regardless of whether there appears to be valid reasons behind an employee’s redundancy or workers think they are victims of unfair dismissal; it is critical for you to understand your rights.