Redundancy dismissal

Give as much warning as possible of impending redundancies so as to enable the employees and unions who may be affected to take early steps to inform themselves of the relevant facts, consider possible alternative solutions, and, if necessary, find alternative employment in the undertaking or elsewhere.

He must consult the Union or employees, if necessary via an appointed representative for the employees, as to the best means by which the desired management result can be achieved fairly and with as little hardship to the employees as possible. In particular, he should seek to agree the criteria to be applied in selecting employees to be made redundant. When a selection has been made, it should be confirmed with the Union or employees that those criteria have been observed. Any criteria agreed for this procedure should be capable of verification from records, and should not depend on shades of opinion of employer or employee.

Employers should ensure that the selection is followed fairly, and should consider any representations that the Unions or the employees may make as to the selection.

The employer should investigate whether, instead of dismissing an employee, he could offer alternative employment. If there is alternative work available within the organisation, or any associated business, the employee should be offered such work with full details of the terms and conditions involved. If the employee accepts the offer, then automatically a four-week trial period will operate, to allow both parties to see how the employee performs in the new job. If, during this four week period, the employee feels that the job is not suitable, then he or she can resign and will be treated as having been dismissed for redundancy.

On the assumption that all other avenues have been explored, the employer should ensure that he acts reasonably, and it should be remembered that an employee who has been continuously employed for at least two years is entitled, whilst under notice, to take reasonable time off within the working week to look for another job, or to make arrangements for training for future employment.

While there is no set scale of allowable absence under this heading, the reasonable norm of two days per week should be seen as a guide.

Updated April 2010