Employment Law For Redundancy In Wake
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Redundancy usually involves repeating something or adding in information that is completely unnecessary. A good way to test whether or not something is redundant is to see if the phrase in question could have something removed from it.
Approach it like a 'soft' negotiation; pitch your proposal, explain why you want to be made redundant, why it's important to you, explain why you think it's a good time for you and the business. And then be silent. Wait for your manager's response.
Legally, your employer has to put you ``at risk of redundancy'' before they can make your role redundant. They have to give you the opportunity to apply for any internal job openings they have available.
You have the right to a 4-week trial period for any alternative employment you're offered. The 4-week period could be extended if you need training. Any extension must be agreed in writing before the trial period starts. Tell your employer during the trial period if you decide the new job is not suitable.
What counts as genuine redundancy the business is failing. the business, or part of it, has stopped operating (often called becoming insolvent or going bust) your skills are no longer needed. your work is being done by other people, after a reorganisation. the business, or the work you're doing, moves to another location.
A genuine redundancy is when: the person's job doesn't need to be done by anyone. the employer followed any consultation requirements in the award, enterprise agreement or other registered agreement.
What counts as genuine redundancy the business is failing. the business, or part of it, has stopped operating (often called becoming insolvent or going bust) your skills are no longer needed. your work is being done by other people, after a reorganisation. the business, or the work you're doing, moves to another location.
The statutory redundancy notice periods are: at least one week's notice if you have been employed between one month and two years. one week's notice for each year if employed between two and 12 years. 12 weeks' notice if employed for 12 years or more.
Lastly to be a genuine redundancy the employer must have not reasonably been able to give the staff member other work either in the same business or with an associated entity. Termination that is not because of redundancy covers both when an employee resigns or is fired.
