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New Package Of Documents For Managing The Voluntary Redundancy Process

November 2016

This month, Simply-Docs has added a comprehensive range of documents to be used when an employer decides to offer voluntary redundancy to employees as an alternative to compulsory redundancy.

For a redundancy situation to exist, there must be a reduction in the need for employees to carry out work of a particular kind.

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. This does not oblige the employer to agree to make employees who do volunteer redundant, as the employer will retain the right to make the final selection.

Employers are able to reject applications for voluntary redundancy in order to retain a balanced and skilled workforce. However, in deciding which applications for voluntary redundancy should be accepted, employers must be careful that their decisions are neutral in respect of such matters as sex, sexual orientation, pregnancy and maternity, marriage and civil partnership, gender reassignment, race, disability, religion or belief and age.

Redundancy is a potentially fair reason for dismissal but, in order for it to be fair, the employer must also comply with the requirement to act reasonably. In a redundancy context, this means that the employer should warn and consult affected employees, adopt a fair selection procedure and offer suitable alternative employment to those selected for redundancy whenever possible.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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