Redundancy and Restructuring – Employee

Restructuring

An employee’s position becomes ‘redundant’ when the position is surplus to the needs of the employer. It is known as a ‘no-fault dismissal’ as the employee’s performance in that role has no bearing on it becoming surplus to the employer’s needs.

When an employee is identified as being ‘an affected employee” – ie one who’s position is likely to disappear, that employee must be notified. Your employer must tell you what the proposed restructure looks like and then conduct an open and genuine consultation with you. Your employer must then listen to any feedback you have on the proposal, and take time to consider that feedback. If a decision is made that your position will be disestablished, your employer must consider whether you can be redeployed within the business somehow. It can be a complex process, and one that Phil has been assisting clients with since 1997.

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