Redundancy Consultation and Pay CutsPosted in : Seamus Says - Employment Law Discussion on 3 May 2019
If, during a consultation for redundancy, 10 employees agree to a pay cut to avoid job losses, but one employee does not agree, so there are 11 employees in total, can I select that person who stands out for redundancy?
Seamus: The short answer is no, absolutely not. And I think if you think around the issues on this, you have 11 employees here in total. There's possibly been an approach by the employer in advance of commencing a redundancy, a formal redundancy procedure, where they said, "Look, as a way here to avoid redundancies, can we look at a pay cut?" And you've 10 of the employees saying, "Yes. Okay. We'll agree to that", and you have one that say, "No, I can't agree to that".
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