Advice for Melton workers coming to the end of their furlough

They will find out by the end of this month whether they are returning to work or if they need to find alternative employment.

Others will revert to a new Job Support Scheme, but on reduced pay from before.

We’ve been speaking again to Harby-based HR expert Sue West to find out just what rights workers have in the current uncertainly situation and how employers should approach a challenging period.

Sue told the Melton Times: “Beyond employment rights, making redundancy decisions in these times is never going to be easy.

“Employers should think creatively how redundancy can be avoided at the outset.

“They should conduct a transparent process – genuinely seeking input from those affected and offer extra support to their affected people.

“In modern times, reputation has never been more important. After the pandemic, the need to hire will return and employers will want to be attractive to prospective skilled and experienced employees.”

So what should happen if job cuts are to be made by an employer?

Sue said: “Before dismissing an employee due to redundancy, an employer must genuinely consult those affected, apply fair selection criteria and offer any alternative jobs which may be available. Not doing so could result in a redundancy dismissal being unfair.

“To bring an unfair dismissal claim, an employee must have at least two years’ service. It’s important to ensure redundancy decisions are not based on illegal discrimination or in response to an employee using a statutory right, for example whistleblowing, as there is no service requirement to bring a claim in these circumstances.”

An employee who is made redundant will be entitled to Statutory Redundancy Pay if they have been employed for two or more years, she said, and this is a tax-free payment based on age, length of service and weekly pay.

Sue continued: “Entitlement to employment protection and redundancy pay is based on length of service.

“This is not broken by leave - either paid or unpaid, lay-off, sickness absence, TUPE or even changing employers within a group of companies.

“If an employee resigns or is dismissed and is re-employed within a week, their continuous service is based on their original start date.”

In terms of notice, an employer must give the greater of the notice period stated in the employment contract or statutory notice, which is one week for each year served to a maximum of 12 weeks, Sue explained.

It can be worked or paid in lieu – or be a bit of both.

“As regards zero hours workers,those working on genuine zero hours contracts are not entitled to redundancy pay or to bring a claim for unfair dismissal,” said Sue.

“However, if in practice, work arrangements are more formal than casual, redundancy rights may apply.”

What about women who are pregnant or on maternity leave?

Sue explained: “These employees can be made redundant, but their selection must not be because of their pregnancy or maternity leave.

“Any selection criteria related to absence should not include pregnancy-related absences. Equally, selection criteria should not be artificially inflated to prioritise a pregnant employee at the expense of someone else.

“Employees on maternity, adoption and shared parental leave are provided extra protection by having to be offered a suitable alternative role that may be available before anyone else at risk of redundancy.”

l Sue West runs West Human Resources Consultancy, which offers small and medium-sized businesses support with employment issues.

Go online at www.westhr.co.uk to find out more about her business.