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What are the key steps for making an employee redundant?

The redundancy process can be complicated, but this article outlines the main steps involved.


1. The employer proposes that redundancy is necessary. This could be for financial reasons, such as a drop in sales or profit. Alternatively, it could be due to a change in business needs, such as a move to online trading or a change in the place of work.


2. The employer consults with employees or, if appropriate, trade unions about the need to make redundancies. This consultation should include a discussion of ways to avoid or reduce the need for redundancy.


3. The employer may need to select employees for redundancy. If so, fair and objective criteria should be used, such as, skills and performance.


4. The employer notifies employees who are being made redundant, and should continue to consult with them. The employer can provide them with information about their entitlement to redundancy pay and notice periods.


5. After a fair process, the employer can give notice of dismissal. Employees may be given the option to appeal against their redundancy selection, if they believe that the selection process was unfair. A right of appeal does not have to be given, but is seen as best practice to do so. 


6. Redundant employees should be given their redundancy pay and provided with notice of termination in accordance with their contract of employment.



This is a general and basic overview of the redundancy process; for specific advice, employers and employees should seek professional advice.


If an employee is made redundant s/he may be entitled to claim unfair dismissal if they believe that the employer has treated them unfairly. 



Article by

Marianne Wright

0800 915 7777

Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.


We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.



Disclaimer 

The above provides a general overview relating to constructive dismissal and is not intended nor construed as providing specific legal advice. Constructive unfair dismissal is a complicated legal claim. An individual should take legal advice from an employment lawyer if they believe their employer has behaved in such a way that entitles the employee to resign and bring a claim for constructive unfair dismissal.


This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

01.06.2023

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