Unfortunately, redundancy situations are a reality many businesses have to face at some point in time.

Where an employer is faced with such a situation it is vital they have a clear understanding of the requirements and obligations the process places upon them. It is a formidable task and one where following a fair and reasonable procedure is pivotal.

Whilst redundancy is potentially a fair reason for dismissal, an employer’s failure to follow the correct procedure will make the dismissal unfair. This can put the business at risk of a successful claim.

At LawforEmployers, we are here to advise you on dealing with redundancy situations. We will provide you with support and guidance on following a fair process, thereby reducing the risk of your business having to spend time and money defending a claim.

Redundancy situations

In order for a dismissal on grounds of redundancy to be deemed to be fair there must firstly be a genuine redundancy situation.

Broadly speaking 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 procedure

When making someone redundant, you must demonstrate that you have followed a fair and reasonable procedure.

A procedure whereby you enter into meaningful consultation with employers and where consideration is given to ways in which redundancy may be avoided, through retraining, redeployment or offering suitable alternative employment.

Seeking legal advice as soon as it becomes apparent there is a potential redundancy situation is vital.  Since it is at that stage employers are obliged to inform affected employees of the possibility of redundancy.

Crucially, where collective redundancies of 20 or more employees are envisaged, statutory obligations are placed upon the employer and a failure to consult with those employees can be extremely costly for the employer.

Our expert employment law team has advised businesses throughout the UK when embarking upon a programme of redundancies, on how to conduct a fair and reasonable redundancy process.

An unfairly selected employee may have a claim for unfair dismissal or unlawful discrimination. By consulting with our legal experts, you can ensure that your selection process is both fair and objective.

Contact us today for expert redundancy advice

If you are beginning or involved in the process of making someone redundant, our expert employment team can help you.

We are here to ensure that you follow a fair procedure now to avoid any potential claims in the future.

To speak to a specialist employment law solicitor today, call us on 01282 695 400, or simply complete our quick contact form and we will be in touch with you as soon as possible.