Notifications of voluntary redundancies should specify that volunteering means that a staff member is taken into account, but that he or she has no automatic or contractual right to dismissal. There is no need to appeal the refusal to dismiss voluntarily. One of the effects of the transaction agreement is that the worker waives any right to appeal to a fair dismissal procedure in exchange for an increased severance pay. It is often a win-win situation. The employee receives more money and the employer can spend more time running the business. In general, the tax status of a payment you receive does not depend on whether or not a transaction agreement is signed. Some payments are taxable. Others are not. Signing a transaction agreement will not change that.
20.14 It is important that a worker`s proposed departure date be subject to mutual agreement between the employer and the worker. 20.7 A MAR is considered a voluntary resignation of the individual worker in exchange for severance pay. Because there can be significant financial consequences for the worker, employers can support the decision-making process by helping individuals understand these effects. Employees can supplement this with advice from a regulated financial advisor. In limited circumstances, it is possible to terminate the employment between the employer and the worker, which would mean that there is no redundancy at all. However, in practice, these cases are rare; The safest approach is to consider the dismissal of a redundancy worker as dismissal and not as a dismissal by mutual agreement. 20.11 MARCH is entirely voluntary from the point of view of the employer and the worker, and the NHS organization that employs is not legally obliged to accept an individual application. Often, a MAR is not an option, either because it does not correspond to the personal circumstances of the individual or because it is important to keep an employee in the organization. However, in some situations, an MAR can be a useful opportunity for both the organization and the individual, depending on the time savings that can be realized and the personal circumstances of the employee. If you do not think this is a real redundancy, you may want to inform your employer that you will seek wrongful dismissal if compensation is not increased. The employer is encouraged to pay more money to the worker: the employer avoids having to go through the redundancy procedure.
The employee`s incentive is the additional compensation he receives. The termination of a mutual agreement is only valid if it is entered into a written termination contract (transaction contract). An agreement on severance pay or severance pay is also an option. You can also accept severance pay. 20.25 The NHS organization pays for the reasonable costs associated with the independent legal advice of a staff member who signs a transaction contract. Indirect discrimination is a potential pitfall when a process of finding volunteers and then mandatory dismissal penalizes a disproportionate number of workers in a protected group.