Easy to follow procedures
Whether making one redundancy or several there are established processes that an employer should follow if they are to avoid an unfair dismissal.
There are 3 key elements to the process:-
Step 1 – Informing & Consulting
This is informing the employees of the reasons for redundancy as well as the process to be followed. The company will then need to consider and discuss any of the Employees concerns. This may include making changes to the process.
Step 2 – Selection
This will generally only apply where there are multiple redundancies being made. Employment Law requires that there is a fair selection method. This will mean ‘pooling’ employees who may be at risk of redundancy and then scoring employees against selection criteria.
(during this time the consultation process is ongoing)
Step 3 – Search for suitable alternatives
When an employee has been identified as being ‘at risk’ of redundancy then the company will need to consider whether there are any alternatives to avoid that redundancy. Alternatives could be an existing vacancy or reducing hours or salary could be considered.
Generally multiple redundancies will need careful planning setting out a timetable from the initial announcement to the final appeal being heard.
I can devise an appropriate redundancy plan for your business which will typically include:-
- Advising on any Voluntary Redundancy scheme;
- Drafting the initial redundancy announcement;
- Planning the consultation process and drafting of template letters;
- Planning the various ‘pools’ of employees from which redundancies will be made;
- Devising selection criteria and scoring as well as drafting related documents;
- Advising on redundancy, holiday and other payments on termination e.g. commission, bonus payments etc.
- Drafting redundancy letters
- Advising on the appeals process.
- If required advise on and draft redundancy Settlement Agreements.
Implementing a redundancy is sadly one of the most common employment issues for businesses today and has many traps for the unwary that could result in an Employment Tribunal claim. I can help in either discussing your proposed plans at an early stage to flag up any legal difficulties or alternatively can advise you throughout to ensure the correct process is followed.
