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Redundancy & Contractual Right

Summary of postings

Redundancy & Contractual Right	S Tang	31 May 05
Re: Redundancy & Contractual Right	Elaine MacDonald	4 Sep 05

Details of postings

Redundancy & Contractual Right	S Tang	31/05/2005 22:29
I would like to ask whether you can make staff with less than 1 year service redundant without any procedure, as they do not earn their employment rights yet?

+ Re: Redundancy & Contractual Right	Elaine MacDonald	04/09/2005 16:09
This is fraught with danger. They may be contractually entitled to a procedure so you may breach their contract. Unfair redundancy selection my be automatically unfair anyway regardless of length of service. And if it is only a short while before they reach a year's service they may still win a claim because to have given the procedure may have taken them over the one year's service anyway. It may even be indirect discrimination to select the people with less service since they are more likely to be one of a number of protected groups. And remember it is the job that is redundant first and foremost so individual's rights should not come into it. The best action would be to treat every employee with the same respect and equity and make your selection on a fair compency based system thus retaining the skills most matched to your company's long term strategy.