Sham Redundancy Solicitors - Sheffield Employment Tribunal
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Employment Rights Act 1996
The termination of employment by way of redundancy is potentially a fair dismissal however whether or not an employee has actually been unfairly dismissed rather than made redundant will be dependent on the facts of each case. The Employment Rights Act 1996 requires the Sheffield Employment Tribunal to consider whether or not the employer acted reasonably and fairly in dismissing the employee, taking into account the size and administrative resources of the employers business.
To qualify for a redundancy payment an employee must satisfy the following criteria :-
Employers in Sheffield must provide a written statement showing detailed calculations and any dispute can be referred to an Employment Tribunal within 6 months. The amount of the redundancy payment depends on the age of the applicant and the length of service however there is a cap on these payments. Compensation payments are calculated as follows :-
For the employee to qualify for payment the employment must have terminated either because the business closes, or because there is a reduced need for workers of that employee's particular skills. There are occasions where the redundancy is a sham, usually because its cheaper for an employer to pay for redundancy rather than for an unfair dismissal claim or where the selection of those employees whose employment was terminated was unfair or unreasonable. In either case an application can be made to the Sheffield Employment Tribunal for unfair dismissal based on sham redundancy where compensation awarded may be substantially higher than the statutory payments outlined above.
In deciding whether or not an employer has acted fairly the Sheffield Employment Tribunal must consider the following :-
Suitable Alternative Employment
If an employee is offered suitable alternative employment within the organisation and refuses the alternative job then no claim can be made by the employee however an employee can refuse the alternative job if the refusal is reasonable after taking into account his personal circumstances and needs. If the employee decides to take an alternative job that is offered within the same organisation then the law allows a trial period of 4 weeks in the new job for assessment and the subsequent right to re-instate his previous claim if the new job is unsuitable.
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