Nov 18 | min read
Attempting to avoid mandatory redundancies demonstrates that your organisation has gone to great lengths to retain its staff employed. The following are some examples of techniques to avoid redundancies:
If you’re giving someone alternative work, there are a few conditions that must be met in order for the offer to be valid
Employees who accept alternative work get a four-week trial period to evaluate if it’s right for them. They can still claim redundancy pay if you both agree it isn’t.
You’ll need to perform redundancy consultations once the employees have been chosen. Employees may have a legal claim to oppose the redundancy with the employment tribunal on the grounds of unfair dismissal if these redundancy discussions are not held.
It is a legal duty for your organisation to fulfil the collective consultation regulations if it is laying off 20 or more employees within 90 days. It is not necessary to follow these criteria if your organisation makes fewer than 20 layoffs. However, consulting with your employees is a good idea since if the matter is contested and taken to an employment tribunal, the tribunal may rule against your company.
If you’ve exhausted all other options for avoiding redundancy and still believe it’s necessary, you’ll need to determine which employees will be made redundant.
When choosing which employees will be laid off, it’s critical that the cause for the layoff does not come within the unjust selection criterion. Pregnancy, fixed or part-time employees, or someone’s age or colour are all examples of unjust selection criteria.
You must guarantee that you pick employees fairly and without discrimination when making them redundant. The following are some of the fair selection criteria:
During the redundancy process, you must give an employee notice and agree on a departure date once the redundancy consultations are completed
You must provide employees at least the statutory notice time when deciding on the departure date. The length of the notice period is determined by how long the employee has been with the organisation.
You can, however, offer remuneration in place of notice to allow a member of staff to leave sooner than this date.
If you need any further information on redundancy processes please contact us today.