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Where You Stand With Redundancy

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It's a sad fact of life that sometimes redundancy is inevitable.
It does not mean that the worker - or the company - is bad.
It can simply mean that the working environment, the financial environment or the industry has changed, which sometimes makes restructuring and redundancy inevitable.
Whatever the company terms it (restructure, re-organisation, re-positioning or downsizing) the end message is the same.
Redundancy doesn't need to be the end of the world though; there are ways in which it can happen where both the employer and employee do not feel like they have been dragged through the mud.
Done correctly, restructuring can leave everyone in your business feeling like change was positive for all involved - even including the people who were laid off.
This might sound impossible, but sometimes workers are not suited to their job, as things may have evolved over time, or they may have been given more and more work which did not fit their skill set; in this way, restructuring means that this worker is free to re-focus their energy where it will be most valued.
If done correctly, it will also leave the business more positive and focused on the future.
People retained will feel that the business is moving forward and may feel valued as their skills have been recognised.
The flip side, as most readers will know, is that if restructuring is done the wrong way it can have horrible effects on the entire company and everyone in it.
Your rights with redundancy obviously depend on where you are and what your contract says, so the first place to start is there.
If there is a clause which states that you are not entitled to redundancy pay, this does not mean you have no rights to do with redundancy - it simply means that you may not get a pay out.
Redundancy often feels personal for people.
While the company may be talking about the need to restructure, individuals are involved and may feel like they are being personally targeted.
Sometimes new positions are set up which are, in all but name, exactly the same as the last position.
If this happens, your former employer could be breaking the law.
It is not lawful to replace someone because they 'did not like them' or even because they 'didn't fit the work culture.
' Redundancy should mean that the whole job position has now changed because of a change in business.
If you are not sure whether your rights have been upheld, you should get advice from someone who can tell you about the steps you need to take to talk with your former employer.
Generally, employers should have ensured proper notice of the restructure was given to employees, have given them access to their contract, had a proper meeting to outline what was happening, and conducted meetings with individuals concerned.
You are entitled to have a support person at this meeting, and should have all your questions answered respectfully.
If any of these steps were not taken, your rights may not have been upheld.
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