Redundancy is not covered by the ACAS code of practice which means when you need to make employees redundant you must ensure you follow a fair procedure which complies with all the relevant case law. This can be difficult for any business because what is fair in one type of business may not be fair in your own business.

For this reason it is important you have the correct selection pools when deciding on who you need to make redundant and this can often be harder than you think.

For example do you have to include people from different offices or sites in the same pool? Are two sales people one who covers Scotland and one who covers South of England in the same pool?

The answer is it depends on what is in the employee’s contract of employment or written terms and conditions of employment. We can help you review your contracts and written terms and conditions and therefore determine who should be in which selection pool.

Once you have determined the correct selection pools you will then need to ensure you follow the correct redundancy procedure. This will include consulting employees correctly, inviting the employees to meetings and applying a fair selection criteria. You must also ensure the correct letters are sent at the correct time.

It is important when you are preparing a selection criteria that none of the criteria you are using could be discriminatory to anyone who has protection under the Equality Act 2010. You may also need to make allowances or changes if for example someone has been off on long term sick leave or absent on maternity leave.