What Is A Genuine Redundancy

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What is considered a genuine redundancy?

What's a genuine redundancy? A genuine redundancy is when: the person's job doesn't need to be done by anyone. the employer followed any consultation requirements in the award, enterprise agreement or other registered agreement. via

What is the difference between a genuine and non genuine redundancy?

A genuine redundancy means the employee is being dismissed because the employer doesn't require that position to be filled anymore. A redundancy is not genuine if the employer: still needs the employee's job to be done by someone. via

How do I prove my redundancy is real?

What is a 'genuine redundancy'? A 'genuine redundancy' under the Fair Work Act 2009 (Cth)[3] requires an employer to demonstrate the following: it no longer required the person's job to be performed by anyone; it has complied with consultation obligations under an award or enterprise agreement; and. via

Is voluntary redundancy a genuine redundancy?

Whereas a Non genuine redundancy is where your job still exists but one of the other conditions may apply. With the 'leaves voluntarily' it is up to the employee if they want to take the redundancy pay out, they are not forced to leave. A dismissal is not a redundancy. via

Can I be made redundant if my role still exists?

Can I be made redundant if my job still exists? Redundancy is only allowed if there's no longer a need for the role to exist, and it certainly isn't legal for you to be made redundant only for your job to be taken by someone else shortly after you've been made redundant. via

Can you claim unfair redundancy?

Employment tribunals - legal tests for unfair dismissal claims - redundancy. If you think you shouldn't have been made redundant or you think that your employer didn't follow the process correctly, you might be able to make a claim to an employment tribunal for unfair dismissal. via

What are valid reasons for redundancy?

What constitutes grounds for redundancy?

  • The need for the worker has diminished or ceased.
  • New systems in the workplace.
  • The job no longer exists because other workers are doing the work you carried out.
  • The workplace has closed or is closing down.
  • The business moves.
  • The business is transferred to another employer.
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    What are the different types of redundancy?

    There are 2 types of redundancy pay you could get:

  • 'statutory' redundancy pay - what the law says you're entitled to.
  • 'contractual' redundancy pay - extra money your contract says you can get on top of the statutory amount.
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    Can you say no to redundancy?

    Your employer can refuse to pay your redundancy pay if they don't think you have a good reason for turning down the job. via

    Do I need written notice of redundancy?

    If your employer has selected you for redundancy you must be given a notice period before your employment ends. at least one week's notice if you have been employed between one month and two years. one week's notice for each year if employed between two and 12 years. 12 weeks' notice if employed for 12 years or more. via

    Can I ask for a redundancy?

    Voluntary redundancy occurs when an employee volunteers or agrees to be made redundant. Employers should follow a fair procedure for redundancy, including consultation (where required) with the relevant employee as to why the role is being made redundant and exploring options to keep the employee in the business. via

    Should I take voluntary redundancy 2020?

    If your employer plans on making some employees redundant, it is probably a good idea to ask for voluntary redundancy. If you want volunteer for redundancy because you have received another job offer, you should know that you can not receive voluntary redundancy pay if you move on to a new job straight away. via

    Do I pay tax on voluntary redundancy?

    All contractual and non-contractual PILON payments are subject to income tax and National Insurance deductions. It's up to your employer to identify what you would have earned in basic pay if you had worked through your notice period. via

    Can you be refused voluntary redundancy?

    Refusing to apply for voluntary redundancy will not affect your entitlement to any statutory or contractual payments you may be due if you are ultimately made redundant in the future. You should think very carefully before accepting voluntary redundancy terms. via

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