We have created a 3-step guide for employers on how to conduct a fair redundancy procedure.
This guide focuses on what to do once you have decided which roles to make redundant, and how to deal with any appeals from your employees.
Once an employer has decided upon the outcome of the redundancy process, they will need to meet with the employees who have been identified as those who will be made redundant at a further individual consultation meeting. At this meeting, the employee should be given the opportunity to be accompanied by a colleague or trade union representative.
At the final consultation meeting, the employer should confirm to the employee that they have been selected for redundancy and explain the rationale behind their decision. The employee should be taken through the redundancy package they will receive and be informed of their right to appeal against the decision.
Following the meeting, the employer should set out their decision in writing to each employee who has been selected for redundancy and, again, inform them of their right to appeal against the decision.
The letter should set out whether the employee is required to work their notice period, if they will be paid in lieu of their notice period, or if they will be placed on garden leave for the duration of their notice period. The letter should also set out how redundancy pay has been calculated, the proposed termination date and any other payments that the employee is entitled to e.g. payment in lieu for accrued but untaken annual leave.
If the employer has a policy in relation to appeals, it should ensure that this is followed. It is usual to give employees a defined period of time to submit their appeal and the appeal itself should be dealt with by someone of a higher level of management than the original decision maker.
If an employee appeals against the decision to make them redundant, they should be invited to an appeal hearing and informed of their right to be accompanied to this hearing. At the hearing, the employer should discuss the employee’s grounds of appeal and ask them if they have any further representations they wish to make.
The meeting should then be adjourned whilst the employer considers the employee’s representations and makes their decision. Following the meeting, the employer should write to the employee confirming the outcome and advising the employee that the decision, as confirmed, is final.
Our employment team can advise on how to conduct a fair redundancy procedure and are currently offering a fixed fee redundancy package which includes bespoke advice and letters to affected employees for a fixed fee of £1,000 plus VAT.
If you need assistance or advice on the contents of this article, please contact Thackray Williams LLP who have set up a FREE Legal Advice Line to businesses and employees in the wake of COVID-19. Do get in touch on 020 8663 4127 if you wish to discuss this matter in more detail or require any further advice.
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