Employment Law Update - Redundancy

Employment-Law-seriesThere are some issues that dental nurses and other dental care professionals may need to be aware of in the workplace. It is important for individuals to know the facts regarding employment laws, for their own protection and security. Redundancy may be a topic of concern.Redundancy is a form of dismissal from employment. Redundancy is often implemented when employers need to reduce their workforce and their total number of employees.

Individuals who are being made redundant may wish to leave their employment before their notice period expires. This might be because they are moving to another job or there may be a number of other reasons associated. The issue that arises here, is whether these employees are entitled to redundancy payment.

green-pinIf you are being made redundant you may be entitled to the following:

• You can leave your employment early, before the expiry of your notice and still be permitted redundancy payment if:

You come to an agreement with your employer to cut down the notice period and bring forward the termination date.

Or

If you comply with the statutory counter-notice procedure.

In the case of the statutory counter-notice procedure the employer must have given actual notice to the employee to terminate their contract of employment before it can begin. Threats of redundancy are not sufficient. As an employee, you must have given your employer counter-notice in writing within the obligatory period of your employer’s notice if you want to terminate your employment on an earlier date.
The obligatory period ends on the date of expiry of the employer’s notice and is equal in length to statutory minimum notice period or contractual notice entitlement. There are no guidelines as to how much notice you need to give in your counter-notice. However, this notice must be given.

If you serve a valid counter-notice you do not automatically retain the right to redundancy payment. Your employer can still serve a further notice requesting you to work the full term of their notice. This further notice must be in writing and given to the employee before the employee’s counter-notice expires. Employers should tell the employee that they must continue to work until the original notice period ending date. The notice must also state that unless employees comply with the terms and conditions they may not be entitled to redundancy payment.

Occasions may arise when you or your employer want to set a termination of employment date to a later date. This may be due to outstanding work which needs to be completed. There are no set guidelines or provisions for these circumstances but the date can be postponed if there is agreement made on both ends.

 

 

 

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