Getting it right is important

Unfair redundancy and how to avoid it…

If done properly, Redundancy is a statutory fair reason for dismissal.

However, as with other potentially fair reasons, the fairness of a dismissal is to be determined by the test of whether an employer's decision to dismiss falls within the band of reasonable responses of a reasonable employer in those circumstances and in that line of business.

Failure to follow a fair procedure will normally render the dismissal unfair.

A fair procedure comprises a number of stages:

1. warning and consultation

2. fair basis for selection

3. consideration of alternative employment

4. appeal

Proper consultation; what does it involve?

Consultation should involve:

1. consultation when the proposals are still at a formative stage

2. adequate information on which to respond

3. adequate time in which to respond

4. conscientious consideration of the response to consultation

Redundancy policies

Many employers put in place a redundancy policy, setting out the employer’s approach to redundancy situations.

If you do not have a set policy, you should speak to us today.

The issues for an employer to consider in relation to a redundancy policy, such as whether their formal policy is complete and up to the required legal standard, and if so, whether there are any circumstances in which the set process can be deviated from.

A policy should be regularly reviewed to ensure compliance with the relevant legislation in terms and level of detail incorporated.

Redundancy during maternity leave

Special considerations apply where a woman on maternity leave is potentially redundant. In this situation the dismissal will be unfair unless very specific circumstances apply.

If your business requires to make redundancies and an employee on maternity leave is potentially involved within this reduction in roles, you must apply the established structure and process of the consultation without any mistakes.

1. you must first establish that it was not practicable to continue to employ her under her existing contract of employment,

2. you must also review whether it is necessary to offer her any suitable available vacancy;

If you require advice on this potential situation, the earlier you speak to us the better.

Services for business - Our fees and charging model

For business consultancy and employment law compliance, we will provide robust, practical and accurate advice at a cost which provides value to any size business.

We can agree a fixed fee for the entire process, or work with you to help on an hourly paid basis in some specific parts of your ongoing consultation.

Speak to us today, for an informal chat about your requirements and whether we’re the firm that’s the right fit for your organisation. We can usually help, and we always provide a great service. Sometimes we identify that certain types of business might be better to use an alternative type of firm to manage their particular project, and if that’s the case we’ll tell you straight away.

Call directly on 01473 561 010

or contact enquiries@coraemploymentlaw.co.uk