The modern workplaces can be really challenging and competitive and to retain your position as well as to move forward onto the ladder of hierarchy you need to be always on your toe. Yes, maintaining your position in the organization demands lot of hard-work as well as smart-work so that you can ensure that you remain indispensable part of the work place otherwise you will be labeled as redundant and can be fired on this basis.
Redundancy is part of the working conditions where company has been closed officially and all the employees are removed from their position. This law is only applicable under strict conditions and company has to declare why they have closed down to make this process legal. But there are many conditions where employer removes workers without giving any solid reasons and that is called as unfair dismissal. In this situation if employee can clearly show that their termination from the organization is not valid then they are provided legal help to restore their working position or concession or both according to the situation. Here is list of categories that enables you to constitutional redundancy payment –
- Employee must worked up to 20 years of maximum employment
- Termination without expired contract or any legal terms offered in contract
If they have completed the above statement they are entitled to:
- One and half week pay per year of service (41 years and above)
- One week pay per year of service (22 years to 40 years)
- Half week pay per year of service (18 to 21 years)
However, employees can lose their right of redundancy payment if they avoid such conditions:
- If their weekly pay is more than £450
- If they are offered suitable alternative or their old job is offered back and they unreasonably refuse that
- If they are removed for the job due to gross misconduct during the redundancy notice period
- If they have resigned before the end of the notice period.
In cases where employer terminate employee from their job without any reason then that particular situation is known as the Unfair Dismissal. However, Fair work Commission will have final say about whether the dismissal is fair or not. In case, termination of employee in unfair then they need to apply to the commission within the 21 days after the termination.
Here are requirements that you need to fulfil before applying against unfair dismissal –
- Employee should have worked for at least 6 months of time before applying for unfair dismissal for big organizations
- Employee should have worked for at least 1 year for employer possessing small business (organization that doesn’t have more than 15 employees)
- There is provision that if second or third party have over taken the business then work period will be counted from the first day of joining under first employer
For better understanding you can use Commission’s eligibility quiz that will help you in understanding more about unfair dismissal.