Need help with an employment issue? Access unlimited legal advice without the worry of costs with our Triple A support. What is the redundancy consultation period? Collective consultation period for 20 — 99 employees If there are between 20 and 99 employees being made redundant within any day period at a single establishment, the rules on collective redundancies apply. Collective consultation period for more than employees If there are or more employees being made redundant then the rules on collective redundancies apply and the consultation period is longer.
Giving notice following consultation Since the law does not state how long the redundancy consultation period must last, it is possible for the consultation to finish before the end of the minimum periods as stated above.
The relevant statutory notice periods has to be given to each affected employee: If the employee has been employed for between one week and two years, then the notice period is one week.
For between two and twelve years of employment, the notice period is one week for each complete year of employment. For employment over twelve years, the notice period is capped at twelve weeks.
Information you must provide You must provide the following information to the representative and allow them time to fully consider the details: Reasons for the redundancies How many employees are affected and in which categories do they fall, and the numbers in each of those categories How employees will be selected for redundancy How the redundancies will be carried out, for example over what period of time How redundancy payments will be calculated, and Number of agency workers working in the organisation and where and what they are doing.
Lawful consultation to avoid risk of unfair dismissal Redundancy is one of the five legally fair reasons for the dismissal of an employee stated in the Employment Rights Act Through the consultation phase, you can help your business avoid discrimination claims in the following ways: By involving employees in devising the selection criteria and which criterion to prioritise in the scoring process; Sharing with staff what skills and experience you think will be necessary to the business going forward, and asking for their views on this question; and Allowing the involvement of trade union representatives.
How to prepare for a redundancy consultation meeting There are two types of redundancy consultation meeting — collective and individual. Employees may wish to discuss: The selection criteria you have proposed Ways in which redundancies might be avoided How the organisation could restructure to protect staff in the future How to reduce the impact of the redundancies on remaining staff The information you present to your employees should be detailed enough that the employees do not think they are being misled, but not so hard to understand that they need specialist knowledge.
Need assistance? Redundancy consultation period FAQs Do employees have to work during redundancy consultation period? What does consultation period mean in redundancy? Does notice period start after consultation period? Share this article on:. Share on twitter. Share on linkedin. Share on facebook. Table of Contents. You might also like Read More ».
Accused of Gross Misconduct? Made Redundant? Your Rights Read More ». Facebook Twitter Linkedin. Get Newsletter. Services for business. Services for people. Employment Law Immigration Services Menu. This website uses cookies to improve your experience.
We'll assume you're ok with this, but you can opt-out if you wish. Close Privacy Overview This website uses cookies to improve your experience while you navigate through the website.
Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary Necessary. Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information. Performance reporting Overview Legislative amendments Workload Timeliness benchmarks Resolving disputes Determining unfair dismissal applications Setting the minimum wage In focus—Pay Equity Unit Orders relating to industrial action Case study—Emergency Services Telecommunications Authority Case study—Sydney Water Processes relating to modern awards In focus—4 yearly review of awards Approving agreements Case study—Catholic Education Victoria Case study—Orora Fibre Packaging Regulating registered organisations Determining anti-bullying applications In focus—Setting up the anti-bullying jurisdiction Case study—Anti-bullying Key performance indicators 4.
Management and accountability Corporate governance Planning and development Ethical standards Accountability Our workforce Employee pay and entitlements Service Charter, complaints and Code of Conduct Financial management 5. Who is covered by workplace bullying laws?
What is a Territory or a Commonwealth place? What is a constitutional corporation? What is the Commonwealth? When is a worker bullied at work? Risk of continued bullying Reasonable management action Making an application Responding to an application If the worker has been dismissed Commission processes Procedural issues Representation by lawyers and paid agents Evidence Outcomes Dismissing an application Contravening an order of the Commission Associated applications Costs Appeals Role of the Court Corporate Plan —19 1.
Message from the General Manager 2. Purpose 3. Operating environment 4. Culture 5. Capability 6. Performance Corporate Plan —20 1. Our focus 5. Culture 6. Capability 7. Performance Corporate Plan 1. Key activities 5. Risk 7. Single-enterprise agreement Multi-enterprise agreement Differences between single and multi-enterprise agreements Greenfields agreement Content of an enterprise agreement Permitted matters Coverage Scope — who will be covered? Voting Voting process Who can vote?
Timeframe for vote Voting methods When is an agreement made? What are the general protections? How do the general protections work? Rebuttable presumption as to reason or intent Coverage for general protections What is a constitutionally-covered entity? What is a trade and commerce employer? What is a Territory employer? What is a national system employer?
What if I am not covered? What is adverse action? What is dismissal? Injuring employee in their employment Altering the position of the employee Discriminating Threatened action and organisation of action Exclusions Workplace rights protections Meaning of workplace right Coercion Undue influence or pressure Misrepresentations Requiring the use of COVIDSafe Industrial activities protections What are industrial activities?
Unprotected industrial action Orders to stop or prevent unprotected industrial action Protected industrial action Immunity Common requirements Employee claim action Employer response action Employee response action Pattern bargaining Taking protected industrial action Protected action ballots Who may apply? Making an application Commission process Varying a protected action ballot order Revoking a protected action ballot order Voting Ballot agents Who may vote — roll of voters Ballot papers Voting procedure Scrutiny of the ballot Results of the ballot When is industrial action authorised?
Treasures of the Archives 1. Professor Isaac 2. Register of organisations 3. Perlman letters 4. Sir Richard Kirby photograph 5.
Oral history program 6. AIRC sign 7. Folder of wage decisions 8. Centenary exhibition 9. Women's exhibition poster How do you calculate the minimum period of employment? What is continuous service? What is an excluded period? Contract of Employment. Mental health in the workplace. Zero hours contract guide. Holiday Management Guide. All Guides. Topics All Articles. Breathe News. Business Leadership.
Company Culture. Employee Engagement. Employee Performance. Employment Law. Equality and Diversity. Flexible Working. Mental Health. Recruiting Talent. Remote Working. Login Free Trial. Free trial. Back HR Software. Back HR Software Overview. Back Partners Partner Programme Overview. Back About Us Our Story. Back Resources Resources Hub. Back Topics All Articles. How long is the redundancy consultation period? Here's what's in store: What is a redundancy consultation period?
How long does it last? Providing redundancy notifications Consultations: what to do What evidence do you need to provide? What is a redundancy-consultation period? Even though there currently aren't any set rules for teams below 20, it's wise to hold consultations and understand your people.
Speak to your people. Communicating during the redundancy-consultation period is important because: 1. Everyone deserves to know where they stand. If things do turn sour, you could risk appearing unfair in front of an employment tribunal. For example, if a claimant can prove you failed to consult them during a period before their redundancy, you're then at risk for hefty tribunal fine.
It's typical best-practise to hold a collective consultation followed by individual meetings with affected staff. How long is a redundancy consultation period?
For redundancies If a company needs to make 20 to 99 employees redundant, the employer must allow for a minimum day consultation period. Providing notice of redundancy: what you need to do Once a consultation has taken place, you'll need to provide notice. Here, you'll need to clearly state the agreed leaving date and provide notice of redundancy once the consultation period is complete.
The periods we outlined above are the statutory minimum an employer must give to be compliant by law, so you can increase the notice period if you want to.
0コメント