Redundancy is the process when an employer reduces their workforce because a job or jobs are no longer needed. We understand that whilst it is not a pleasant process, it is often a necessary part of doing business for many reasons.
When you need to make employees redundant you must ensure you follow a fair procedure which complies with all the relevant case law.
Whilst it is not necessary to comply with the ACAS Code of Practice when dealing with redundancy, it is important that you seek advice to ensure a fair procedure is followed. It is also important to warn the affected employees that their jobs are at risk of redundancy. You should also consult with them in a fair way including choosing the correct selection pools and assessing exactly which roles are or are not at risk of redundancy.
This process can often be much harder than you think and can result in disgruntled employees trying to make a claim to an Employment Tribunal where you get it wrong.
We can review your contracts and written terms and conditions to determine who should be in which selection pool, and who is at risk of redundancy.
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 in writing and applying a fair selection criteria that does not discriminate against those employees who may have a protected characteristic and 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.
Our Employment Law Team can advise and guide you to ensure you follow a fair redundancy procedure including preparation of any selection criteria needed and draft letters you may require. Our advice is practical and always takes into consideration your needs and aims as a business.