With effect from 26 June 2020, the Corporate Insolvency and Governance Act 2020 (CIGA) affects the ability of Contractors to terminate on grounds that the Employer has entered a formal...
The following steps will assist in a redundancy situation.
Step 1: Establish whether there is a genuine redundancy situation.
Step 2: Consider pool and selection criteria and list any alternative vacancies.
Step 3: If 20 or more redundancies are being proposed in a 90-day period, then collective consultation obligations will arise and it will be necessary to notify the Secretary of State of the proposed redundancies.
Step 4: Arrange a first meeting with all the employees who might be made redundant (as a group) to begin the consultation process. Take a note of the meeting.
Step 5: Write to the employee to confirm the information given during the meeting in writing and include a copy of the selection criteria and scoring guidelines if relevant.
Step 6: If collective consultation obligations apply, hold elections to elect employee representative(s). Consult the appropriate representatives (with a view to reaching an agreement) on ways and means of avoiding or reducing dismissals and mitigating their consequences and the appropriate pool(s) for selection and the selection criteria.
Step 7: Score each potentially redundant employee, using the selection criteria and scoring guidelines, ensuring the criteria and scores are objective.
Step 8: Write to those employees that have been provisionally selected for redundancy. Allow the employee a reasonable opportunity to consider this information before holding a meeting.
Step 9: Arrange a first individual meeting, at which the employee will have the right to be accompanied, to consult with each employee individually. Take a detailed note of the meeting.
Step 10: After the meeting, follow up any suggestions made and consider any representations made.
Step 11: Arrange a second individual meeting, at which the employee will have the right to be accompanied, to confirm the redundancy. Take a detailed note of the meeting.
Step 12: Write to the employee confirming the decision to dismiss them as redundant. Specify the termination date and explain calculation of the redundancy payment and any other payments to be made. Offer the employee the right to appeal against the decision.
Step 13: In the event of an appeal, arrange a hearing and allow them to be accompanied. Following the meeting, write to the employee confirming the outcome of the appeal and that this is a final decision.
Please contact us to discuss how we can help you or your business with any of your employment law needs.