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by Closi
1465 days ago
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In the UK, if you place an employee on garden leave immediately there is a legal argument during tribunal that the redundancy was predetermined (and thus unfair). You mentioned that "they are entitled to learn why and what has been done to try to keep them", but actually it's much further than that - they are entitled to be part of the conversation and to propose alternatives to the dismissal which the company is legally obligated to consider. As an example, if the redundancy proposes to make a team redundant and split that teams responsibilities across other teams, the consultation might raise that the team being made redundant could take on additional responsibilities and down-size as an alternative which could result in fewer redundancies. Similarly, employees could suggest an initial round of voluntary redundancies first to reduce the people impact (particularly if there are employees nearing retirement age). The employer is legally obligated to genuinely consider these alternatives, however if the action was taken immediately to disband the team and place employees on gardening leave it is much more difficult for them to argue that the consultation was 'genuine'. If a genuine consultation is not held, where alternatives are listened to and genuinely considered, this could then be brought to an employment tribunal and could open them to unfair dismissal claims. |
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