How to manage the redundancy process like a boss



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Thanks for watching this webinar on the topic of redundancy. For whatever reason you may need to make people redundant in your business and want to know more about how to manage the redundancy process.  #employment #redundancy #dismissal 

Proudly hosted by one of our partners, Nicholsons Accountants, this webinar is presented by Laura Reilly – Head of HR and Compliance at Nicholsons Accountants and Dr John McMullen of Spencer West.

We will take you through the basics of a fair redundancy procedure, and discuss some of the common pitfalls particularly around selection criteria.
The Good – what a ‘fair’ redundancy process looks like, what a tribunal expect from employers as a minimum, minimum timescales to conduct a fair process.

The Bad – consultation which is rushed, doesn’t have the right selection criteria in place or the right people involved in scoring.

The Ugly – when employers use redundancy to disguise another reason for dismissal, and when redundancies are used to get rid of a specific person rather than a position no longer required.

Disclaimer:
Please note that this video does not constitute legal advice and is for general guidance only. You should always seek independent legal advice in relation to your specific circumstances.

/ UK government guidance on redundancies

You can find more information on making someone redundant on the UK government website here, and further information below. https://www.gov.uk/dismiss-staff

Contents

1. Overview
2. Fair dismissals – https://www.gov.uk/dismiss-staff/fair-dismissals
3. Unfair dismissals – https://www.gov.uk/dismiss-staff/unfair-dismissals
4. Eligibility to claim unfair dismissal – https://www.gov.uk/dismiss-staff/eligibility-to-claim-unfair-dismissal
5. Dismissals for conduct or performance reasons – https://www.gov.uk/dismiss-staff/dismissals-on-capability-or-conduct-grounds
6. Dismissals due to illness – https://www.gov.uk/dismiss-staff/dismissals-due-to-illness
7. How to dismiss someone – https://www.gov.uk/dismiss-staff/how-to-dismiss-someone

/ Overview

Dismissal is when you end an employee’s contract. When dismissing staff, you must do it fairly.

There are different types of dismissal:
• fair dismissal
• unfair dismissal
• constructive dismissal
• wrongful dismissal

Fair and unfair dismissal

A dismissal is fair or unfair depending on:
• your reason for it
• how you act during the dismissal process

Constructive dismissal

This is when an employee resigns because you’ve breached their employment contract. This could be a single serious event or a series of less serious events.

An employee could claim constructive dismissal if you:

• cut their wages without agreement
• unlawfully demote them
• allow them to be harassed, bullied or discriminated against
• unfairly increase their workload
• change the location of their workplace at short notice
• make them work in dangerous conditions

A constructive dismissal is not necessarily unfair - but it would be difficult for you to show that a breach of contract was fair.

A constructive dismissal might lead to a claim for wrongful dismissal.

Wrongful dismissal

This is where you break the terms of an employee’s contract in the dismissal process, for example dismissing someone without giving them proper notice.

Wrongful dismissal is not the same as unfair dismissal.
If an employee thinks you’ve dismissed them unfairly, constructively or wrongfully, they might take you to an employment tribunal.

/ More information on employment:

See further information on the UK government website regarding the following employment issues here (including the following) – https://www.gov.uk/browse/employing-people

- Contracts of employment and working hours – Includes types of worker, employee rights, overtime and changes to contracts

- Dismissing staff and redundancies– Resignations, dismissals, disciplinaries and redundancy pay

- Health and safety at work – Accidents, health and safety law and workplace conditions

- Payroll – PAYE for employers, getting started, reporting and paying HMRC, expenses and benefits

- Pensions for your staff – Includes workplace pensions and Combined Pension Statements

- Recruiting and hiring- Advertise a job, Disclosure and Barring (DBS) checks, discrimination law and apprenticeships

- Statutory leave and time off - Includes maternity and paternity leave, holiday entitlement and sick pay

/ Find us

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Website – https://www.brickandsterling.com/
Video link – https://youtu.be/xNKiLqV67go
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