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If you have had to make the tough decision to make some of your staff redundant we understand that this is a stressful and often unpleasant situation. It is imperative that as an employer you follow a fair consultation procedure. We can offer you practical advice that can guide you through the procedure to ensure that you avoid any future proceedings brought against you for unfair dismissal.
There are only four situations where redundancy can be justified. They are:
- The business is closing down
- There is no need for employees to carry out a certain type of work (for example you may have lost an order to produce a certain line of goods)
- The work available to employees has reduced
- The business is moving physical location
As an employer the first step you need to take when considering making staff redundant is to ask yourself, “Do I actually need to make redundancies at all”? Is it possible to reduce staff numbers by alternative methods such as:
- Not replacing staff who leave
- Limiting overtime
- Seconding certain employees to different parts of the company
- Implementing shorter working hours
- Asking for voluntary redundancies
If redundancies are inevitable and you need to make 20 or more staff redundant within 90 days you need to consult with each employee individually and speak to their trade union or other elected representatives.
If you are making less than 20 employees redundant you need to write to each person individually and invite them to attend a meeting to discuss the redundancy. You must inform each person the reason for the redundancy and how you plan to select the staff who will be eventually let go.
An employee has a right to appeal any decision.
You must follow the correct procedure otherwise any dismissal can be automatically deemed unfair.
How We Can Help
At Saracens Solicitors our experienced employment lawyers will advise you from the beginning of the redundancy process to the end, ensuring you follow the correct procedure and protect yourself from any further action. We can also advise you on issues such as redundancy pay and also any employee rights that you will need to observe while implementing the redundancies.
If you are considering making redundancies within your business and need legal advice with regards to the correct process and procedure then please fill in the call back form on the right-hand side of this page and we will come back to you shortly. Alternatively you can phone our office on 020 3588 3500 to talk to one of our employment team.