What is the correct redundancy procedure? Employment Law
For employers to protect themselves from claims of unfair dismissal the correct redundancy procedures must be followed. Failure to do this could result in employees making a claim on the grounds of unfair dismissal.
Organisations looking to make one or more redundancies within their organisation must clearly demonstrate that changes have occurred within the business which means the employee’s job will no longer exist in its current form.
What happens in the redundancy process?
The redundancy process begins with first giving advanced warning of the possibility of redundancy to employees who may be affected. This can be done with an ‘at risk’ letter that is given to all employees, including those who are absent due to sickness, disability, or maternity leave.
Unless there is only one employee who will be affected by redundancy, an employer should identify a pool of employees for selection. Individuals should be chosen because the type of work they do relates to the reason for the proposed redundancies. In some cases, if redundancies are to be made across an organisation, more than one selection pool can be formed for different parts of the business.
When a pool has been collated, redundancy selection criteria should be drawn up for each to determine how employees will be selected. This criterion must be capable of objective assessment or measurement and cannot be based on any of the protected characteristics stated in the Equalities Act.
What is the consultation process?
The redundancy consultation should be a meaningful process which seeks to avoid or reduce the amount of dismissals where possible. Best practice consultation processes involve at least 2 individual consultation meetings, where employees are informed of why they have been chosen for the selection pool and what their scores are against the selection criteria.
During the redundancy process, genuine efforts must be made to explore alternative employment within the organisation. If a suitable alternative job role is identified, this should be offered during the redundancy consultation process.
An employer cannot serve an employee notice until the full consultation process, and any contractual redundancy procedures, have been followed.
Can I appeal the decision if I am selected for redundancy?
If an employee is selected for redundancy and they feel they have been unfairly selected, they can write to their employer outlining the reasons why they feel this way.
An employee can also make a claim to an employment tribunal if they feel that they have been unfairly selected for the redundancy.
Help & Support From Beswicks Legal
If you have any questions regarding redundancies, consultation periods or settlement agreements, our team can help. At Beswicks Legal our specialist team of employment law experts are on hand to support you in taking your next steps. Get in touch today to talk to us.