Ensure legal compliance
Ensure fair procedures
Support in handling dismissal
HR Team provided an excellent service in handling all staffing matters sensitively, efficiently and properly during our recent period of restructuring.”
Deal with redundancy the right way
Redundancy is a form of dismissal and so must be carried out according the legislation governing dismissal.
For this reason, it is very important that you follow the procedures outlined to ensure you are acting fairly and not leaving your organisation open to any tribunal claims.
Before you deal with a redundancy, you must be familiar with the essential legal requirements surrounding your responsibilities. For a dismissal on the grounds of redundancy to be fair, you must establish that there was a genuine redundancy situation (according to the legal definition) and follow a fair procedure.
There are various rules on redundancy and the time-frames associated with this and these rules vary based on whether you are based in Ireland, Northern Ireland or the UK.
Yes. If plans are being made by the employer to make an employee redundant, the employee is entitled to some degree of notice, with the amount of notice required dependent on the terms as set out in their contract of employment. A consultation process is always necessary in every case prior to any decision being made.
If an employee claims to have been unfairly dismissed, they are within their right to appeal the dismissal. If their appeal is successful, the options available to the employee include reinstatement (return to previous role), re-engagement (return to the employer under a different job) or financial compensation.
An employee may be entitled to a redundancy payment. The magnitude of this payment is calculated in accordance with the terms and conditions as set out in the employees contract of employment, and the statutory entitlements.
Factors to be considered when selecting an employee to put forward for redundancy will typically include their attendance record, their disciplinary record, the employees skills/experience and their aptitude for work. While these criteria are a strong guideline, this is not an exhaustive list of factors that must be considered. No one criterion should be used in isolation.