Most employers focus solely on the process involved in making redundancies, thinking that as long as they follow the correct process they won’t be caught out with unfair dismissal claims. The result can often be adopting long and drawn out procedures that are just not necessary and costs the business money it can ill afford. Worse than that, the rigid adherence to process can itself lead to poor communication or upset that has the effect of making Employment Tribunal claims more likely, not less.
When employers come to us, our focus is on looking at the facts and ensuring the communication with employees affected leads to a conclusion where the employees selected for redundancy, and their advisers, understand and accept the reasonableness of the decision to let them go.
Often that means we take a far more direct approach that you might expect (though not if you’ve worked with us before!). Why drag things out by long or unnecessary procedures if the end outcome is obvious? We help you deliver your message in direct yet sympathetic manner. Good communication is, as always, key.
Of course, when there are multiple redundancies to be made then adopting scoring matrices and a published plan for consultation may well be appropriate. We can help you do all of that and can provide HR personnel to help handle meetings with employees and deal with the process internally if necessary. Taking the additional time can be desirable especially where there is proposal to dismiss 20 or more employees, since breaching collective consultation obligations can lead to financial penalties of up to 90 days’ pay for each affected employee, even if they shouldn’t be made redundant.
They’ve just got to go!
And when you know someone has to go, but you’re not sure that selection for redundancy can be justified, we will help. It is rare that after short discussion with an employer that we don’t discover there is in fact a perfectly legitimate and fair justification for a proposed dismissal which can be communicated to the employee and relied on in defence of any claims.
We don’t say no if they’ve got to go. Give us a call.