A law firm representing 43 UK Twitter staff who were made redundant has raised the prospect of an employment tribunal to resolve the situation, which it says has been marred by a flawed consultation period under the company’s new owner, Elon Musk.
According to a report in the Guardian newspaper, the law firm representing the workers said the redundancy process, which began for the affected employees on 18 November, was treating them as if they had already been dismissed.
A letter sent by the law firm to Twitter added that blocking staff from accessing Twitter systems and premises made it “impossible” for employee representatives to help affected colleagues effectively.
The newspaper said the law firm claimed this was a breach of the 1992 Trade Union and Labour Relations Act and that an employment tribunal “would not hesitate to reach the same conclusion”.
The Government says redundancy is when you dismiss an employee because you no longer need anyone to do their job. This might be because your business is:
- Changing how its operation works, for example using new machinery or technology
- Changing location or closing down.
Most employees who have worked continuously for a business for two or more years will be entitled to statutory redundancy pay which is calculated based on their age, length of employment, and weekly rate of pay.
You can be taken to an industrial tribunal for unfair dismissal if you do not consult employees in a redundancy situation.
For a redundancy to be genuine, you must demonstrate that the employee’s job will no longer exist.
- Businesses planning redundancies in a firm with between 20 and 99 employees must enter into collective consultancy at least 30 days before dismissals take effect.
- For businesses with 100 or more redundancies the consultation must start at least 45 days before any dismissals take effect.
The redundancy plan should include:
- The number of proposed redundancies
- Consulting with those away from work, possibly sick leave or maternity leave
- Ensuring there is enough time for consultation
- Agreeing on fair selection criteria
- The amount of redundancy pay and other payments
- Informing and supporting staff throughout the process
- An appeals process if an employee thinks the redundancy process was unfair.
The Government says there are no set rules if there are fewer than 20 redundancies planned, but it’s good practice to fully consult employees and their representatives. An employment tribunal could otherwise decide that you have dismissed your staff unfairly.
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