When it comes to redundancy, it is vital to follow the correct procedure. A genuine redundancy situation can result in a finding of unfair dismissal at Employment Tribunal if you do not adhere to the correct processes. To ensure you follow the correct procedures it is advisable to take legal advice when considering making any employee redundant. However, we’ve compiled 10 invaluable redundancy tips for employers to use as a quick and handy checklist before seeking legal guidance.

1. Is there a redundancy situation?

There are three main redundancy situations:

-The whole business is closing down.

-The particular workplace where the employee was employed is closing down.

-There is a reduction in the size of the workforce.

Remember, it’s only a redundancy situation where the employer wants fewer employees doing a particular kind of work. There need not be less work to be done, but there must be diminished requirements.

2. Is the redundancy genuine?

-Employees can not challenge whether the employer acted reasonably in identifying the redundancy situation.

-An Employment Tribunal can investigate whether the redundancy is genuine, ie the real reason for dismissal.

-Do not be tempted to dress up a performance or capability dismissal as a redundancy. This could result in a finding of unfair dismissal.

3. Is there an alternative to redundancy?

-Where possible, information about current challenges to your business should be shared to open up a dialogue with employees as to whether cutting overheads or restructuring via salary cuts, shorter working weeks, job shares or unpaid sabbaticals could save jobs.

-You could also consider whether this is a situation where you can offer voluntary redundancies.

4. Are you following your own redundancy procedures?

-If you have a company redundancy procedure, make sure you follow it.

-The Acas Code of Practice does not apply to redundancy dismissals, but Acas has issued advisory guidance.

5. Have you worked out your pools for selection?

-Ensure the proposed restructure is set out so it is clear from which departments or groups of employees redundancies are being made.

-Consider which jobs are at risk and identify the groups of employees where the redundancies will be made (the pool).

-Where there are a number of redundancies, you may need to make redundancies from several pools.

6. What are your selection criteria for redundancy?

-They must be fair and objective.

-The selection criteria must be capable of measurement and must be non-discriminatory. If appraisals are carried out regularly, use the same criteria in evaluating who should be made redundant unless the needs of the business have radically changed.

-Reflect the needs of the business when selecting who is to be made redundant.

-Ensure reasonable adjustments are made when scoring a disabled employee. For example, on criteria such as flexibility, output or sickness record, the score will need to be “adjusted” to take into consideration the person’s disability and put them on a level playing field with a non-disabled employee.

7. Have you consulted correctly?

-Consultation should be meaningful and proper. Once you have identified which employees are at risk of redundancy, they should be advised of this and told the length of the consultation period. Twenty-one days is enough time to ensure one-to-one meetings take place.

-It is important to include employees on long-term sick leave or maternity leave in all consultation discussions.

-Where more than 20 employees at a single establishment face dismissal within a period of 90 days there are separate requirements for collective redundancies.

-Consultation is a two-way process and this is also an opportunity to explore alternatives to redundancy.

8. Have you looked at alternative suitable employment?

-Once people have been identified as being at risk of redundancy you must consider suitable alternative employment, not only in the employer company, but also in any associated company.

-Sufficient detail of the new vacancy should be provided and a trial period of at least four weeks allowed. If this is not successful, the employee should be allowed to accept the original redundancy terms.

-It is for the employee to decide what is suitable in terms of accepting demotion and/or a salary cut, so consult with employees and do not assume what jobs an employee would find acceptable.

-Employees who unreasonably refuse suitable alternative employment will reduce their chances of winning an unfair dismissal claim and may forgo statutory redundancy pay.

-A woman made redundant on maternity leave must be offered any suitable alternative employment otherwise the dismissal will be automatically unfair.

9. Have you been fair about time off to look for work?

-An employee continuously employed for two years has the right to reasonable time off during the notice period to look for a new job or make training arrangements.

-It is irrelevant whether the employee has turned down suitable alternative employment.

-The employee is entitled to a maximum of 2/5 weeks’ pay for time taken off during the whole notice period.

10. Have you correctly calculated the redundancy payments?

-Don’t forget to work out the cost of contractual notice or payment in lieu of notice and redundancy payments. Is the redundant employee going to work their notice?

-Statutory redundancy payments are based on length of service, age and salary, subject to a current statutory cap of £380 a week. If the employee earns less than this then you calculate the figure based on gross actual pay.

-Check employees’ contractual, policy and custom and practice rights to redundancy payments as there may be a right to enhanced redundancy payments.

Want to talk to us?

If you would like to discuss a redundancy situation, or require any other information relating to employment law please contact your local martin searle solicitors’ office.

Author Bio: Martin Searle Solicitors were founded back in 2004 and have offices in Brighton and Croydon. They pride themselves on being a new kind of Community Care Solicitors; providing niche, comprehensive legal services in Employment Law, Housign Law and Community Care Law. The adept team of solicitors have a wide range of experience advising, acting and training for employers, employees, local authorities and landlords, to name but a few. For more information visit www.ms-solicitors.co.uk

Category: Legal
Keywords: employment law, employment law advice, legal advice, employer redundancy advice