Redundancy Rules & Rights Information Isle of Man

If you are dealing with redundancy at your workplace and want to know what your rights are you're in the right place. Below you’ll find related articles as well as local companies and providers that will help you in your search.

Hamblin Ltd
01624 620022
35 Victoria Street
Douglas
 
Ambitions
01624 614841
Finch Road
Douglas
 
Paragon
01624 665115
23 Circular Road
Douglas
 
Devereux and Co.
0117 959 3344
52a High Street
Bristol
 
Margaret Reynolds Solicitor
01375 390239
24 London Road
Grays
 
Ability Plus
01624 662165
10 Prospect Hill
Douglas
 
Miracles Ltd
01624 620297
7 Mount Pleasant
Douglas
 
Naunton Solicitors
0191 521 3047
24 Ryhope Street South
Sunderland
 
N.R. Cheetham Solicitors
01785 714761
Church Farm
Stafford
 
Stephen Ede, Cooke & Ashton
01471 310031
New St. Chambers
Grimsby
 

Help & Advice - Redundancy Rules & Procedure

Your Employment Rights

As an employee you have rights. If you get an inkling that dismissal or redundancy could be on the horizon, then it is worth knowing exactly what rights you have.

  • Redundancy. When employers know that redundancies are needed they must provide what is known as a consultation period. During this process the employer will let all staff know who will be made redundant and why. At this stage you may be able (usually with the help of representatives and/or the union) to put forward alternative proposals for your employer to consider.
  • The consultation should begin as soon as possible. For twenty to ninety nine redundancies the minimum legal period for consultation is set at thirty days before the first dismissal takes place. For one hundred or more redundancies it is ninety days. It doesn't matter how many people are facing redundancy your employer should consult with you.
  • You shouldn't find out about your redundancy from anywhere else. Employers should not issue redundancy notices or make public announcements without prior consultation taking place.
  • If your employer doesn't meet the consultation requirements a complaint can be made to an Employment Tribunal. If the tribunal finds against the employer it will make a protective award. If you want more details on consultation periods go to the DTI .
  • Dismissal. Since 1st October 2004 there have been statutory procedures in place in relation to dismissals. All organisations have to follow minimum disciplinary, competency, dismissal and grievance procedures in certain circumstances. There is a three step statutory disciplinary, dismissal and grievance procedure which must be followed in most cases. The basic stages are letter, meeting and appeal. If your employer fails to follow the statutory procedures before dismissal this will make the dismissal automatically unfair.

The Three Stage Process:
Stage 1

Your employer must prepare a written statement of their reasons for considering disciplinary action or dismissal clearly explaining their position. They must send you a copy.

 
Stage 2

Secondly, your employer must promptly invite you to a meeting to discuss the issue. You should be given enough time to think about what has been said. You must attend this meeting but can take a work colleague or trade union official. After the meeting, your employer must let you know their decision.

 
Stage 3

The final stage is if you want to appeal against this decision. You must let your employer know in a letter and then they must arrange a meeting to hear the appeal. The meeting must be held at a time and place which is reasonable for you. After the meeting your employer must decide what they are going to do and tell you their decision. If you are not happy and want to take things further you need to take your case to an Employment Tribunal.

  • There are so...

Click here to read the rest of this article from Armchair Advice

Job Termination

Minimising Financial Risk

If you have recognised the signs that you could be vulnerable to job termination or severance through redundancy or dismissal, then you can take pre-emptive steps to ensure you are in the best possible financial position.

The initial concern that most people experience when they lose their job is financial - how can you ensure your mortgage payments are met each month and have money to pay the bills? Unfortunately, we now live in an age where many people have experienced job loss through redundancy or dismissal. Taking steps to prepare for job termination or severance is one way to ensure you feel more in control of the situation.

  • Insurance. There are different kinds of insurance that you can take out. These include mortgage payment protection and income protection, which can give you a guaranteed level of income when you lose your job. You can compare different policies at www.moneysupermarket.com . Just be aware of the small print - some only pay out when you are made redundant, as opposed to other kinds of dismissal. Some insurance policies also have a waiting period of up to 3 months before you can expect to receive any payment.
  • It is perfectly acceptable to have more than one policy. You may have mortgage payments, a loan and other bills - such as council tax, electricity, gas and phone. You can take a policy to cover each type of expenditure.
  • Mortgage/remortgage. You can take out insurance as protection against your mortgage payments but you should also reassess your mortgage on a regular basis. Go and talk to your bank manager. Shop around and make sure you have the best possible deal for your mortgage - websites like Charcol online have comparison charts and best deals. If you can get a better deal then remortgage your property. The lower your overheads, the less risk you have if you are dismissed.
  • Credit cards. Attempt to reduce the balance on your existing cards or try switching your credit card to a 0% card. No interest accrues on the balance transferred for a fixed period so you can reduce the balance through smaller payments. Look out for the best deals on uSwitch .
  • Savings. A lot of us live on credit rather than putting anything away for a rainy day. Putting a small amount of money away each month will act as a buffer if you find yourself in the unintentional and unfortunate situation of being out of work through redundancy or dismissal. Look here for high interest bearing accounts from online and high street banks.
  • Budgeting. If saving seems impossible it may be worth budgeting to see where you could make savings. Use our handy on-line budget template to help you.
  • Financial advice. Make sure your finances are in order by seeking out information and help from an independent financial advisor. They will be able to look at your current financial situation and advise on topics such as mortgages, savings and insurance. O...

Click here to read the rest of this article from Armchair Advice

Redundancy Laws

Redundancy Legal Rights & Advice

The worst has happened and you have been made redundant. So where do you go from here? What rights do you have and where can you get more help and advice? You probably have lots of questions and this section will start to answer some of them.

  • Redundancy is where an employee is dismissed because the employer closes down the business, or the employer closes down the employee's workplace, or there is a diminishing need for employees to do work of a particular kind.
  • Under the Employment Rights Act 1996, if you are made redundant you have a right to a payment from your employer if you have had 2 or more years of continuous service. You are only entitled to a payment under the Act if the reason for your dismissal was redundancy.
  • The number of hours you work each week does not affect your entitlement. This only applies for employment after the age of 18. Self-employed people and members of a partnership do not qualify.
  • The amount of lump sum you are entitled to depends on how long you have been continuously employed by your employer, how your years of continuous service relate to a particular age band and your weekly pay (up to a legal limit). The maximum number of years continuous service that can be counted for statutory redundancy payments purposes is 20 and the current weekly pay limit is 350. Here is a ready reckoner to help you work out your payment.
  • Time limits. Your employer has to make the payment when you are dismissed or very soon after. If the company is insolvent, or your employer cannot or refuses to pay, you can apply to the Government for a direct payment from the National Insurance Fund. Click here for information from the Insolvency Service or go to the claim form
  • Disputes over payments. If you and your employer disagree about lump sum payments you can go to an Employment Tribunal to determine the outcome. If you want to apply to a tribunal ask at a Jobcentre Plus office for a form IT1 and leaflet, or phone the DTI Helpline 0845 145 0004. To help and advise you we recommend you consult a solicitor with expertise in Employment Law. Follow this link to find a solicitor in your area.
  • Most people are nervous about contacting solicitors because they fear the costs involved. Many solicitors provide a free initial consultation, face-to-face or more usually on the telephone, to establish whether you have a case worth pursuing. If you have a case, an Employment Law expert will help you and give you indicative costs before proceeding.
  • Pensions, Tax and Job Seekers Allowance. If you are due to receive a payment under an occupational pension scheme within 90 weeks of your redundancy, your lump sum could be affected. There is no income tax paid on a statutory redundancy payment. However, any additional redundancy payments you receive from your employer may be taxable. Statutory redundancy pay...

Click here to read the rest of this article from Armchair Advice