This sub folder includes the policy, procedures and letters that will be needed if an employer is planning to dismiss some or all of their employees by reason of redundancy. Potentially, redundancy is a fair reason for dismissing an employee but only if a full and fair consultation process is carried out and the reason for the redundancy dismissal is the closure of a business or workplace or a reduced need for employees to carry out work of a particular type.
There are a range of documents in this sub folder to be used when an employer decides to offer voluntary redundancy to employees as an alternative to compulsory redundancy. There is no legal requirement for employers to offer voluntary redundancy but it is good practice to do so as it may provide a way of avoiding, or at least reducing, the need for compulsory redundancies.
Adequate time must be allowed for consultation on the redundancy plans and this will be at least:
• 30 days before the first redundancy where there are 20 to 99 proposed redundancies; and
• 45 days (reduced from 90 days as of 6 April 2013) before the first redundancy where there are 100 or more proposed redundancies.
Where there are fewer than 20 proposed redundancies, the consultation period is not specified but employers should allow at least two weeks.
Consultations should be with a view to avoiding redundancies or minimising their impact.
In any redundancy situation, employers must consult with individual employees. In addition, employers must consult with trade union or elected employee representatives if more than 20 employees are affected within a 90-day period. This is known as collective consultation.
Lay-offs and short-time working can be considered as a temporary alternative to redundancy.
The Redundancy Documents are part of the Employment document folder. Get access to all of these documents for only £35+VAT.