Redundancy Process

The decision to make redundancies can be difficult, and the procedure can be complex. Our employment law experts can provide guidance on the correct procedures for consultation, selection criteria, and severance packages. helping to ensure that the process is fair and transparent. Additionally, we can assist you in drafting the correct documentation, mitigating potential disputes and protecting your interests throughout the redundancy process.

What is the redundancy process?

A fair redundancy process will be one which follows the guidance set out by ACAS and which complies with the employer’s legal obligations to consult with employees or their representatives. For example, where an employer is intending to dismiss 20 or more people from the same establishment within a 90 day time period, there is a duty to consult with trade unions or elected employee representatives.

Even where there is no such duty to carry out collective consultation, an employer must still consult with individuals over ways in which redundancies could be avoided. A failure to do so could result in the employee successfully bringing a claim to an employment tribunal for unfair dismissal.

How long does the redundancy process take?

There are a number of reasons which might determine how long a redundancy process should be, but firstly, it will depend on the number of redundancies being made.

If a Collective Consultation process is required, then there are specific time limits for consultation. If there are 20-99 employees affected, then consultation process must commence at least 30 days before the first dismissal takes place, and if there are 100 or more employees affected, the consultation process must begin at least 45 days before any dismissals commence.

What is the consultation process for redundancy?

The consultation is a chance for your employer to talk about the changes they’re proposing and why you’re at risk of redundancy.

Basically, there are five main stages to consider during the redundancy process:

Stage 1: Preparation

Stage 2: Selection

Stage 3: Individual Consultation

Stage 4: Notice of Redundancy and Appeals

Stage 5: The Termination Process