Many employees have statutory rights when it comes to redundancy, and one of those rights
is the right not to be unfairly dismissed (I say may, because there are factors such as length
of service to take into account).
Even if the decision to dismiss may be the right one, you still have to follow a fair process.
An alternative to this will involve you buying your way out of this, reaching agreement, so on
and so forth.
To add another layer of complication, where the redundancies involve larger numbers – 20 or
more – there are additional notification requirements (a criminal offence for non-compliance!)
and additional steps to follow, which may involve nominating representatives.
This won’t typically affect smaller businesses, except in limited circumstances, but the
principles of fairness do apply, even if you are considering making one person redundant.
How do you conduct a redundancy process fairly? You must keep the following four things
in mind:
1) Is it a genuine redundancy?
2) Has there been adequate and meaningful consultation?
3) Was the selection for redundancy fair?
4) Has alternative employment been considered?
Importantly, and often overlooked, is the very human and personal side of such a process.
Once you’re satisfied you’ve complied legally, how do you make the process one which
allows the employee who is leaving to a) leave with a positive view of the business and b) be
successful in a new role as quickly as possible? I have lots of experience in this, and have had
to go through this process myself as an operations manager, so what I advise is always
practical.
If you want to pick my brains on this, then get in touch.
Call: 07583 016291
Emai: laura@taurushr.co.uk
