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Dismissal due to Redundancy

 

 

 

 

 

 

A redundancy situation is always going to be complex and difficult for all involved. In order for a redundancy to be deemed fair, you need to be able to demonstrate that you considered all alternatives to avoid the redundancy situation and that all potential affected employees entered into meaningful consultation with business.

For this consultation to be deemed meaningful you must try to find alternative solutions to avoid redundancy. You also need to demonstrate that you have been open and honest with your staff, from the start when the roles that potentially could be affected by redundancy are placed at risk through to every stage of the process before making decisions.

Redundancy is determined on the business situation, not the individuals involved. You need to ensure that, after you have determined that the role is redundant , it does not mean that the employee necessarily needs to leave. You should consider whether they can be offered alternative employment elsewhere in the business or considered all alternative solutions. If this is not feasible, only then should the employee be made redundant.

The redundancy process is complicated and if it is not followed correctly you may find yourself defending an unfair dismissal claim. For more advice and/or a full redundancy pack that provides all you with all the documentation and clear process guidelines, please give us a call.

 

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