Employers must follow several important rules when they make employees redundant. Issuing notice periods and arranging proper redundancy consultation is part of the regulations.
GROUNDS FOR REDUNDANCY: An employer has many valid reasons for dismissing an employee.
But, the most genuine reason for making staff redundant is because you do no need anyone to do their job any longer.
Some typical reasons why this happens in business include:
Note: A genuine redundancy occurs only if you can demonstrate that the job will no longer exist for the employee.
UK employment legislation provides specific legal rights to employees made redundant. As a rule, they will qualify for an amount of redundancy settlement pay. All employees who are under notice of redundancy will have the right:
Note: All employers should take any steps available to avoid making staff redundant before discharging them.
There are extra rules for employers after they make their employees jobless. They must also try hard to secure suitable alternative employment within their organisation.
In this case your employees can try out any alternative role for 4 weeks. This period can be longer if you both agree it in writing and they do not give up their right to receive redundancy pay.
All employers should take steps to avoid or reduce compulsory redundancies. Some typical actions which help to avoid forced staff redundancy include:
You can still offer staff alternative work even if you select them for redundancy. But, a valid offer of alternative work must:
Employees accepting this type of alternative work get a 4-week trial period. That allows everyone some time to determine if the work is suitable for them. They can still claim any redundancy pay due if you all agree that the work is not suitable.
Note: You can extend trial periods beyond 4 weeks if you both agree to this in writing.
There could be a situation where a staff member refuses to take the job, even though you think it is suitable. In this case your employee may lose their entitlement to any redundancy pay.
Making Employees Redundant: Grounds for Staff Redundancies in the United Kingdom