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 dismissals 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 one 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 – Small-Scale Redundancies
Small-scale redundancies are those in which you propose making fewer than 20 employees redundant. You do not have to follow a set 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, three weeks is the absolute minimum period expected for individual consultations, and has never been challenged at tribunal.
Redundancy Consultation Period For 1 Person – Topics You Should Discuss
The content of a redundancy consultation for 1 person should include the following:
- Your plans and the reasoning behind them.
- What skill sets and experience the business requires to move forward.
- What job roles are still available and giving them time to apply for them (usually 5 working days).
- 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 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 will require three meetings with the affected employees: the first one immediately after the general meeting announcement; one after they have had time to decide whether they want to apply for one of the new jobs; and the final meeting to terminate them if they have not applied or have been unsuccessful in getting one of the new jobs.
Once you have given them notice of termination, you should either put them on garden leave or pay them in lieu of notice. It would be unreasonable to expect them to work well once you have told them they are no longer needed.
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. A member of staff who has not previously been involved in the process should deal with their appeal, and the employee is entitled to a companion at the termination and appeal meetings.
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.
