Can an employer finalise the organisation restructuring and slotting employees to their like before consulting the employees? The consultation is being done after the restructuring.
An employer can propose a restructure, but first needs to consult with employees about that restructure. So they can present the rationale and the 'blue print' so to speak, but they can't press the red button on their proposals without allowing a fair consultation process with employees, which includes putting the rationale to employees and allowing time for employees to respond. If the cart is put before the horse then that's not a fair process, and the reasons for the restructure need to be genuine business reasons too. Naturally, any redundancies must relate to the position, not the person. This isn't an opportunity to get rid of employees who are underperforming or not well liked. Such actions would likely lead to successful claims for unjustified dismissal at the Employment Authority.
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Can an employer finalise the organisation restructuring and slotting employees to their like before consulting the employees? The consultation is being done after the restructuring.
An employer can propose a restructure, but first needs to consult with employees about that restructure. So they can present the rationale and the 'blue print' so to speak, but they can't press the red button on their proposals without allowing a fair consultation process with employees, which includes putting the rationale to employees and allowing time for employees to respond. If the cart is put before the horse then that's not a fair process, and the reasons for the restructure need to be genuine business reasons too. Naturally, any redundancies must relate to the position, not the person. This isn't an opportunity to get rid of employees who are underperforming or not well liked. Such actions would likely lead to successful claims for unjustified dismissal at the Employment Authority.