header-logo header-logo

09 October 2008
Issue: 7340 / Categories: Features , Employment
printer mail-detail

Redundant procedures?

Employers should think hard before opting to take the redundancy route, says Sarah Boulton-Jones

Redundancy is a potentially fair reason for dismissal. However, unless the employer follows a proper procedure, the dismissal may still be found to be unfair. If an employer proposes to make redundant 20 or more employees within a period of 90 days or less, it is also obliged to follow a collective consultation procedure. This involves consulting with employee representatives about the proposed redundancies before they take effect.
Individual redundancies

Case law over the years has established that the key elements of a fair dismissal by reason of redundancy are:
      ●     a genuine redundancy situation;

      ●     fair selection;

      ●     warning and consultation; and
  
      ●     consideration of suitable alternative employment.

In addition, since the introduction of the statutory dismissal and disciplinary procedures (DDPs) in 2004, a redundancy dismissal is automatically unfair if the DDPs are not followed. The DDPs require an employer considering dismissing an employee to follow the basic procedure outlined below:

      ●     Step 1: The employer must

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll