HOW TO : STAND-ALONE REDUNDANCY

Written by Martha Mitchell
14 September, 2020

Redundancy is when you dismiss an employee because you no longer need anyone to do their job. This might be because your business is; changing what it does; doing things in a different way, for example using new machinery and changing location or closing down.

MYTH BUSTING

  • There is no right of appeal after a redundancy
  • Ending employment for redundancy is still a dismissal
  • A redundancy consultation must consider the employee’s input
  • Until the very last meeting any redundancy must be PROPOSAL or and IDEA

 

Our services offer 24/7 365 advice and will advise the Employer on actions to take. If a particular complicated issues requires it, we will visit you to enable you to carry on working as well as conduct any investigation and meetings on your behalf, allowing you to get back to business.

“I found the prospect of discussing redundancies with staff daunting but it needed to be done.  I was pleased to outsource the task to Employment Law Solutions who handled the consultations and dismissal meetings for me.  They were happy to do so off site as well which impressed me.  They made the whole upsetting process easier for me and I know that the redundant staff expressed thanks for the courtesy and consideration they had been shown.” – A relieved MD

 

Here are the 7 steps in how to make a stand-alone redundancy for an employee with over 2 years service:

 

  1. Business Case For Redundancy

Set out current organisation structure including why the role is stand-alone. You may need to include job descriptions. Set out proposed new structure. Include job titles not employee names. Confirm the reasons for redundancy proposals.

  1. Announcement Meeting

This can be done by zoom or face-to-face. You simply explain the proposed redundancy and give the Business Case for Redundancy to the employee. You ask the employee to review the business case and gather his/her thoughts in advance of the next meeting. You also explain that if he/she wants to apply for voluntary redundancy she can (we then skip to step 7).

  1. Invitation to First Consultation Meeting

Send a formal letter which puts the employee’s role at risk of redundancy and invites them to a consultation meeting or to apply for voluntary redundancy (if so, skip to step 7). The letter must go out 2 days before the meeting.

  1. First Consultation Meeting

Hold a consultation meeting and discuss whether the employee agrees that they are in a stand-alone role. If they dispute this – consider their input and evidence why you say they are stand-alone in advance of the next meeting.

  1. Invitation to Final Consultation Meeting

Send a formal letter inviting the employee in to a final consultation meeting (with any follow up evidence from the first meeting). The letter must go out 2 days before the meeting and say that the employee may be dismissed for redundancy at the next meeting.

  1. Final Consultation Meeting

Discuss evidence and confirm business decisions. Confirm that there are no other vacancies in the business. Confirm employee’s entitlements (notice pay, redundancy pay, holiday pay).

  1. Dismissal Letter

Send a dismissal letter.

For more information regarding managing redundancy or restructure advice and letters. Get in touch with us email: [email protected] or call 01270 781006

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