Staff cuts? Things you must know - part 2
If you’re considering making staff redundant, this is a broad overview of what you’ll need to know. Have a chat with your business consultant beforehand as each organisation is different and these broad outlines can obviously be tailored to what you require.
1. Do you have a genuine redundancy situation?
The only three valid reasons for making employees redundant are:
• The closure of the business for which they were employed
• The closure of the place of business where they were employed to work
• A reduced requirement for employees to carry out work of a particular kind
2. Is this a “collective redundancy”?
If you are making more than 20 people redundant within 90 days there are extra notification and consultation requirements.
3. How can you dismiss the employees fairly?
The actual process is quite complex, but broadly you must:
• Consult with your employees first
• Identify the correct pool for selection
• Apply objective selection criteria
• Offer suitable alternative employment where appropriate
• At all times follow a “reasonable” dismissal process
In certain circumstances, selection of an employee for redundancy is automatically unfair, even though the overall redundancy is otherwise genuine.
4. What to pay them?
Employees with over two years’ continuous service are entitled to statutory redundancy. Each employee’s contract may expressly entitle them to further payments and yet further payment may be implied into their contract by management actions or industry norms.
5. What alternatives are there?
There are several potentially easier/cheaper alternatives you may wish to consider:
• Dismissing any employees you can for conduct or capability first
• Restricting new recruitment and overtime
• Not renewing contractor and agency worker contracts
• Layoffs and short-time working
• Voluntary redundancy
• Early retirement
Reading this may make a genuine need to dismiss staff seem like an impassable jungle of rules and regulations. It’s perfectly possible to get it right though – take professional advice, ask for a detailed checklist to follow and ask again if you are unsure at any stage.
