Sometimes redundancy advice can be the most misunderstood of all the disciplines. I’ve helped clients who have genuinely thought that the easiest way to lose an unwanted or troublesome employee, is to simply say, “oh, he’s redundant” as in, we don’t need him anymore! This is simply not the case, and almost certain to invite tribunal claims.
I believe that more cases at tribunal go down as a result of mislabelling than any other cases. What I mean by this is, if we have an employee that we want to terminate as a result of his/her poor attitude/timekeeping/whatever, but feel unwilling to go down a procedurally correct path. Then there is a belief that if we call it redundancy advice, then it cannot be challenged. Well, it can. And probabely will be.
We might well have been able to legitimately terminate the employment, but because we chose the “easy” option, the tribunal will soon uncover the real reason, and the case will be found to be unfair dismissal, because the termination was not for redundancy.
Redundancy advice procedure
There is a clear procedural path laid out to follow to achieve a legitimate redundancy. The first thing to learn is that it has to be a genuine redundancy advice situation. The ERA states, to paraphrase, that redundancy is the cessation or reduction of the need for an employer to have an employee perform a specific task or function, or, “work of a particular kind” . For example, if we have two delivery vans and two drivers, and due to any number of factors, we get rid of one van, then there is a reduction (diminuation) in the need for two drivers, ergo, one redundancy.
How to choose
“Aye, but there’s the rub!” This is the part that causes the misunderstanding, we have two employees “at risk” of redundancy. The trick is going to be, how we demonstrate fairness, in the method we choose in selecting the employee who is losing his employment through redundancy. This is were you need expert advice and help. I can help you with sorting out the difficulties in following a lawful and compliant procedure. The redundancy procedure is a clear and carefully laid out path in statute already. Call me for practical down to earth advice and keep away from unpleasant litigation. This link to the ACAS website contains lots of background information .org
“I have known Paul professionally for many years and am now pleased to be a client. Paul has been a font of all common knowledge and has all the experience, life skills and expertise to go with it. His advice is straight and to the point, vital when dealing with business problems. Highly recommended”. ………. Lynn Lanceley Director/ Charnley House Ltd. Manchester