If you are forced to make redundancies, it is vitally important that you follow the correct process in doing so. Otherwise, you may find yourself the subject of a claim at an Employment Tribunal. Having the support of a team of specialist employment solicitors at this time can be invaluable – the redundancy procedures lawyers at Wilford Smith have many years of experience advising a diverse range of businesses from across England and Wales on redundancy matters.
What is the correct redundancy procedure?
The following should happen when a redundancy procedure is carried out correctly:
- There must be a redundancy situation
- Employees who will be affected by the redundancy must be identified
- The employer must determine which manager or managers will be responsible for selecting employees for redundancy – they should be familiar with the work, qualifications and skills of those employees who may potentially face redundancy
- The employer must draw up a transparent and objective selection criterion to identify employees who may be made redundant, along with a pool of affected employees carrying out relevant work
- Employees should be invited to an individual meeting to discuss whether they have been provisionally selected for redundancy. They should be given appropriate time to reflect on their provisional selection and enter into a period of consultation
- The employer should consider whether a suitable alternative role exists for the employee at risk of redundancy
- If redundancy is confirmed, the employee should be informed about their redundancy pay and any other termination arrangements. You may wish to ask them to sign a settlement agreement.
Selection criteria commonly used by employers include:
- Skills and experience
- Standard of performance
- Attendance record
- Disciplinary record
- Aptitude for work
It is against the law for an employer to rely on redundancy criteria that discriminate against particular employees based on sex, disability, race, religion or sexuality. It is also unlawful to have selection criteria based on employees working part-time or being pregnant.
If a redundancy situation arises, it is essential that you consult with employees who are at risk of redundancy as soon as possible. You should inform them of the situation and discuss with them any alternatives and how the redundancy situation will be implemented. Failure to do so may result in a claim for unfair dismissal.
Contact our Redundancy Procedures Solicitors
Wilford Smith’s employment solicitors offer a comprehensive service for employers on all matters relating to redundancy procedures and re-organisation. Our clients are at the heart of everything we do – our lawyers will take the time to understand your business and what drives, developing unique solutions that are tailor-made for your circumstance. We pride ourselves on our reputation for delivering clear, honest and reliable legal advice and for working tirelessly on behalf of our clients to achieve the right result. Whatever your needs, speak with a member of our employment team today to find out how we can help.
Call us today on 01709 828 044 or complete our online contact form.