Redundancy procedure advice for employers
When an employer is involved in a redundancy situation, it is vital that they have a clear understanding of the requirements and obligations the process places upon them.
Although redundancy is potentially a fair reason for dismissal, an employer’s failure to follow the correct procedure will make the dismissal unfair. This can leave a business open to potential unfair dismissal claims.
At Farnworth Rose, our specialist employment law solicitors in Nelson and Barrowford provide advice to employers across the North West when dealing with redundancy situations. Our dedicated team provides guidance on following a fair process to reduce the risk of businesses spending time and money defending a claim.
To talk to one of our specialist employment law solicitors about a redundancy situation, call us now on 01282 695 400.
Establishing a genuine redundancy situation
In order for a dismissal on grounds of redundancy to be deemed fair, there must first of all be a genuine redundancy situation.
Generally, there are three situations where redundancies may occur:
- The closure or intended closure of the business
- The closure or intended closure of the actual place of work where the employee is employed
- The requirements of the business for the employee to carry out work of a particular kind has or will either cease or diminish
Following a reasonable redundancy procedure
When making someone redundant, an employer must demonstrate they have followed a fair and reasonable procedure.
This procedure should include meaningful consultation with employees, giving consideration as to ways in which the redundancy may be avoided through retraining, redeployment or offering suitable alternative employment.
In cases where collective redundancies of 20 or more employees are envisaged, statutory obligations are placed upon an employer. A failure to consult with the employees involved can be extremely costly for the employer.
If an employee has been unfairly selected for redundancy, they have a claim for unfair dismissal or unlawful discrimination.
By consulting with the employment experts at Farnworth Rose, you can ensure that your selection process if both fair and objective.
Contact Farnworth Rose for expert redundancy advice
If your business is beginning the process of making someone redundant, the specialist employment solicitors at Farnworth Rose can help you follow a fair procedure now to avoid any potential claims in the future.
To speak to one of our dedicated employment law solicitors today, call us on 01282 695 400.
Or, you can book a free initial consultation by completing our online contact form here.