Once you have explored all the avenues to avoid a redundancy programme, you may find you still have no choice but to make one or more compulsory redundancies. Your starting point then will be to fairly select those employees who may need to be made redundant. You should write to the employee setting out in detail the business reasons behind the proposed redundancy programme, advising them of their provisional selection for redundancy and the grounds for their selection.
After the completion of your full and fair consultation procedure, you then need to decide whether or not an employee is to be made redundant. You must write advising them of the outcome of the redundancy consultation process and notifying them that their position is now redundant. It is only when the consultation process has been completed that final decisions to dismiss can be made and confirmed in writing to employees. Use our Redundancy Termination Notice for this.
You’re likely to be in unfair dismissal territory if the selection criteria you use to decide which employees are to be chosen for redundancy are not objectively chosen and fairly applied. This is a two-stage process. The first is deciding on the selection criteria you are going to use. The second stage is to then put those criteria into a matrix and adopt a fair marking system.
Redundancy is a potentially fair reason for dismissal, but you must still act reasonably. This means that you must properly explore other options to redundancy, fully consult with the affected employees, adopt a fair selection procedure and consider the potentially redundant employees for alternative employment if any is available.
We recommend that, to comply with general principles of fairness, you allow the employee the chance to appeal against any decision reached to dismiss on redundancy grounds. This means, if the employee does appeal, someone other than you should consider all the circumstances to see if the redundancy dismissal decision reached was fair. Use our Notification of Redundancy Appeal Meeting to invite the employee to an appeal meeting.
Once you’ve issued a notice of termination of employment to an employee, you cannot unilaterally withdraw it, even if there is a change in business circumstances resulting in the redundancy situation no longer existing. This is because the notice is legally binding. The correct approach is for you to seek the employee’s express consent to a withdrawal of the notice of redundancy.
Due to the current reduction in demand for your type of work (due to Covid-19 and in line with recent Government Guidance on working), we had a [meeting/conversation] held on [DATE], where we discussed the option of Furlough for a temporary period of time. You have agreed to be designated as a furloughed worker and will receive 80% of your usual remuneration. As a result of being furloughed, you must not undertake any work for the Company during this period
First redundancy consultation letter Redundancy law is much more complex than paying an employee off. There must be a genuine redundancy situation and you must treat the employee fairly in the procedure you use prior to the dismissal decision being taken. The starting point is to explore whether compulsory redundancies can be avoided, for example by asking for volunteers, or considering other cost-cutting measures.
Enhanced redundancy payments policy If you want to provide for enhanced redundancy pay (ERP), it’s useful to have a policy setting out how the payment will be calculated. It’s better to ensure that you base it on the statutory redundancy payments (SRP) scheme and express it to be entirely discretionary and non-contractual.
You can legitimately provide reasonable rules of conduct for your employees to adhere to at work-related social events such as office parties, leaving drinks, business lunches, client functions and external training courses or conferences and also when working away on company business.
Whatever the circumstances, an SOSR dismissal should always be on notice (or pay in lieu of notice - it will have to be pay in lieu of notice in suspected illegal working cases), whichever is the greater of the contractual notice period or the statutory minimum notice period.
Use this letter to confirm an extension of time with regard to a stage of the right to train request procedure.
It’s good performance management procedure to appraise your employees on a regular basis and, in any event, no less than once per year. The aim of formal evaluation is not just to consider performance and conduct during the relevant appraisal period but also to set an agreed action plan of goals to be achieved, including identifying training needs and career development, during the forthcoming appraisal period.
Appraisals are a two-way process. They allow both you and the employee concerned to review their progress over a particular period of time, e.g. a year, and set goals for the future. If you're thinking of introducing them you need to go about it in the right way; it’s not as easy as having a ten-minute chat.