Human resources assignment Name: University: Course: Tutor: Date: Human resources case study Introduction Redundancy procedure According to employment rights Act 1996, redundancy is acceptable if the employer has ceased or intends to cease the business that the employee provides labor (Gilmore and Williams 2012)…
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ACAS encourages employees to appeal against unfair dismissals and employers can only lay off workers if there is an existing contractual agreement between he employer and the employer. Accordingly, the redundant temporary employees are entitled to statutory guaranteed payments that include up to five days pay in any three-month period (CIPD 2013). ACAS advocates for an ad-hoc approach, formal policies or formal agreements with trade unions as the possible approaches of implementing redundancies in the organization. The fixed term employment contracts than naturally end will be excluded from the obligations to engage in collective consultations (ACAS 2013). The Chartered Institute of Personnel and Development (CIPD) require fair selection of employees to be put on redundancy and collective consultations before the redundancy (CIPD 2013). According to CIPD, redundancy rights and obligations are governed by the employment rights act 1996, the Trade union and labour relations (consolidation) Act 1992, protection of employment regulations 1995, collective redundancies and the transfer of undertaking (amendment) regulations 1999 and finally collective redundancies (amendment) regulations 2006. ...
The concerned employees are eligible for certain rights such as redundancy pay, a reasonable notice period, discussions with the employer and some time off to seek alternative employment (Gilmore and Williams 2012). The redundancy must be fair and discriminatory practices such as age, disability or gender cannot be utilized as the criteria for redundancy (Gilmore and Williams 2012). The redundancy entails more than 20 employees thus Dan Findale must adhere to the redundancy procedure outlined in ACAS code of practice on redundancy consultation process. Accordingly, protection of employment Act 1977-2007 requires the employers to enter in to consultations with the employees at least 30 days before the first redundancy occurs. In addition, the employees (provision of information and consultation) Act 2006 requires the employers with at least 50 employees to enter in to consultations with employees before any changes in workplace including the proposals for collective redundancy (ACAS 2013). According to the case study, Dan Findale intends to make the 23 employees redundant thus, redundancy is just a dismissal that is not related to the individual employee or the capability of the individual employee, but an overall reorganization of the staff without recruiting new staff. Dan will have to justify his intentions of cost reduction in order to ensure the survival of the charity operations. Dan Findale must follow fair criteria in determining the employees to be made redundant. Some common criteria include last in, first out method that aims at preserving knowledge, skills and experience, staff appraisal rankings and asking for volunteers (Gilmore and Williams 2012). Unfair selection methods such as previous participation in industrial activities,
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