Redundancy Advice & Reorganisation
When you are looking at redundancies or reorganisation within your business this is difficult time for all concerned and you must 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 on disciplinary and grievance matters in cases involving redundancy, it is important that you seek advice to ensure a fair procedure is followed that meets certain criteria and that proper consultation takes place.
Consultation can mean different things in different cases and may also be determine by the number of employees involved in the redundancy process you need to carry out. Our team have been involved in small number of consultations as well as large consultations where secretary of state notification is necessary.
In the redundancy process it is always important to give a warning to the affected employees that their jobs are at risk of redundancy and consult with them in a fair way, including choosing the correct selection pools.
This process can be harder than you think. It can result in disgruntled employees trying to make a claim to an Employment Tribunal if you get it wrong. We can help you review your contracts and written terms and conditions to determine selection pools and who is at risk of redundancy.
Once you have the correct selection pools you will need to follow the correct redundancy procedure. This will include consulting employees, inviting the employees to meetings and applying a fair selection criteria that does not discriminate against those employees who 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 through a fair redundancy procedure including preparation of any selection criteria and draft letters as well as guidance on selection pools. Our advice is practical and takes on board your needs and aims as a business.
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