Redundancy Consultation Period For 1 Person

Whilst sometimes necessary to secure the future of your business, making employees redundant can be a minefield for employers. If you fail to properly consult with employees during a redundancy process, any subsequent redundancies will likely be unfair and expose you to unfair dismissal claims. There are strict minimum timescales for consultations when the redundancy process involves 20 or more redundancies, but the position when the number of individuals at risk is less than 20 is less clear. Accordingly, employers are often unclear about the required consultation period for 1 person.

Here, our expert HR advisors explain the rules governing redundancy consultation periods for 1 person in the context of large and small-scale redundancies.

Call us now on 01491 598 600 or email us on  cw@gaphr.co.uk and we will be delighted to help you.

Redundancy Consultation Period For 1 Person – Large-Scale Redundancies.

Large-scale redundancies, which are those involving 20 or more employees, are subject to a collective redundancy process. Under the collective process, you must consult with employee representatives, such as trade unions, before moving on to an individual consultation with each employee impacted by your redundancy proposals.

In terms of redundancy consultation periods, there are no legal time limits, so your consultations can last as long as you need. However, there are rules governing the minimum time periods for which a redundancy consultation period for 1 person should last. They are as follows:

• For processes involving 20-99 redundancies, you must begin the consultation a minimum of 30 days before you make any dismissals.

• For processes involving 100 or more redundancies, you must begin the consultation a minimum of 45 days before you make any dismissals.

Redundancy Consultation Period For 1 Person – Small-Scale Redundancies.

Small-scale redundancies are those in which you propose making less than 20 employees redundant. You do not have to follow a collective redundancy process in small-scale redundancies. In the context of redundancy consultation periods, you are not obliged to consult with an employee’s representatives. However, you must still consult with each employee individually.

There are no prescribed timescales regarding the redundancy consultation period for 1 person in a small-scale redundancy. However, failing to hold a redundancy consultation for a sufficient period of time can call into question the fairness and integrity of your process.

As a very general rule, a week is the absolute minimum period expected for individual consultations. However, the longer you spend on them, the greater your chances of establishing your processes as fair in any unfair dismissal proceedings.

Redundancy Consultation Period For 1 Person – Topics You Should Discuss.

There is no specific law governing the content of a redundancy consultation for 1 person. However, since there is no requirement for you to consult with the employee’s representatives during the process, the issues you would discuss with them during a collective redundancy process will likely form the basis of your individual consultations. Those issues include the following:

  • Your plans and the reasoning behind them.
  • What skill sets and experience the business requires to move forward.
  • The criteria you intend to use when selecting employees for redundancy.
  • How you will support the employee through the redundancy process, such as allowing them time off to attend job interviews.
  • Any alternatives to redundancies.

During an individual consultation, you should seek your employee’s input on pertinent issues, such as how the process might best be carried out, and how you might reduce the number of redundancies you need to make. For example, you might moot the idea of a job share, discuss potential alternative jobs within the business, or offer voluntary redundancy.

A fair redundancy process usually necessitates more than one meeting with affected employees. It is an ongoing dialogue between you and them during which you explore all options and encourage the employee to share their thoughts and proposals.

Redundancy Consultation Period For 1 Person – What To Do Next

If the outcome of your redundancy consultations is that job losses are unavoidable, you must inform those affected as soon as possible in writing and issue notices of termination of their employment. You must allow your employees an opportunity to appeal your decision if they consider it to be wrong or unfair. They are entitled to request that a member of staff who has not previously been involved in the process deal with their appeal.

Redundancy Consultation Period For 1 Person – The Risks

It is essential that your redundancy consultation process for 1 person is adequate. If the redundancy period is too short, your employee may argue that you had insufficient time to reach a fair decision and may issue unfair dismissal proceedings against you.

Call us now on 01491 598 600 or email us on  cw@gaphr.co.uk and we will be delighted to help you.

Redundancy Consultation Period For 1 Person

 

 

 

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