Organisations are not static entities and on occasion you may need to complete a reorganisation of how you work. However, this could be a positive change, with you adding new roles and splitting responsibilities to help you grow. However, it can also mean closing all or part of your operations. No matter what the situation, you need experts to come alongside you to ensure that you execute this well as being made redundant is a form of dismissal. As such, there are regulations to ensure that this is done fairly.
Redundancy occurs where your dismissal is:
Examples of when someone may be genuinely redundant include:
Even if there is a genuine redundancy situation, your employer must still follow a correct redundancy process (see below). This is because If not followed, the redundancy can still be deemed to be an unfair dismissal.
Fair selection criteria are required if you are proposing to reduce, but not remove, the need for work to be completed..
Gov.uk lists the following fair reasons for selecting employees for redundancy. These include:
You can select employees based on their length of service (‘last in, first out’) but only if you can justify it. This is because it could be indirect discrimination if it affects one group of people more than another.
The law requires you to consult when making people redundant. The timeline varies depending on the number of employees being made redundant in any one establishment.
Consultation should be meaningful and where collective consultation bodies are in place, should allow the representatives to come up with counter-proposals which then need to be seriously considered by the employer.
Cornerstone Resources can help you at each stage of the redundancy or restructure process. This includes:
Based in South Manchester, Cornerstone Resources offer a complete HR service to businesses, charities and churches. Because we have over 40 years combined experience in HR, we can offer you an enviable combination of professional expertise and a service based on integrity and honesty. Best of all, we can save you time and money.
For more information on our offering, including cost effective Employee Relations support, click here. For a no obligation quote, call Rob today on 07494 161169 or Nicci on 07908 875146. Alternatively, click the below button to email us and we will come back to you.