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BETTER BUSINESS

proposals about how redundancies considering them and adjusting the
can be avoided. Clearly not all vacan- process to improve the fairness for
cies will be suitable for at-risk all, not necessarily an individual is
employees, but this route does give
them freedom to consider potentially important”.
undertaking a slightly different role The law imposes minimum con-
or applying for a role at a higher, or sultation periods on employers
lower, level than their current job depending on how many staff are
should they be happy to do so. It fol- being made redundant. For 20 to 99
lows that if the employee is success-
ful, they will no longer be at risk of redundancies, the consultation must
redundancy. start at least 30 days before any dis-
missals take effect while for 100 or
Redundancies require a fair process
more redundancies, the consultation
Whatever an employer does, must start at least 45 days before any
where compulsory redundancies are dismissals take effect.
on the table a fair process must be
undertaken with meaningful consul- In terms of a fair selection criteria,
tation. Steel comments that “the more
This is important to Steel who says objective selection criteria you have
that “anyone made redundant is the less likely the process can be suc-
likely to feel they have been treated cessfully challenged.
unfairly because they have lost their
job through no fault of their own If a tribunal is shown inconsisten-
whilst others have remained cies about how people have been
employed”. He says this knowing treated and no reasonable explana-
that employers cannot prevent a tion is forthcoming, it is entitled to
claim being made and there is little to query whether the process is not
lose for an employee to make an
application.As to what a fair process within a range or reasonable con-
looks like, he states that the redun- duct”.
dancy process will be determined by “Ultimately,” says Steel, “the legal
whether there is a redundancy policy
employment or looking at filling general vacancies. test of whether a dismissal for redun-
On the first she says: “If the business has a role which is similar in nature in place, whether there is a union dancy is fair or not is about whether a
and terms of employment to that the employee currently undertakes, and recognition agreement, how many tribunal would have conducted the
employees may be made redundant
this role is to remain, then this should be offered to the employee”. It’s a pos- and how employees are going to be process differently.” He continues:
itive move because if the duties are close to that which the employee cur- selected for redundancy.
rently undertakes, and the terms of employment are roughly aligned, the Overall the consultation process, “The test is whether the decision to
employee would probably be keen to take up the position. For Chander “this which Steel outlines briefly, involves dismiss was within a range of con-
provides the best of both worlds for both employer and employee, as the a meeting to explain why redundan- duct that a reasonable employer
employee can remain with the business, and a vacant role has been ful- could have adopted.”He believes that
cies are taking place; what the pro-
filled”. a company’s decision to downsize
posed procedure is and likely
But in terms of the other, employers will not always have a suitable alter- timescale; a meeting to discuss the and reduce costs will rarely be suc-
native for an employee at risk of redundancy to move in to. However, as proposed redundancy procedure and
Chander highlights, employers have a duty to consider vacancies through- selection process; a final meeting to cessfully challenged. And if a com-
out the business and enable them to apply for such a role should they wish to explain the consultation outcome pany sets out in writing why it is
do so. She adds: “If an employee does make an application, this would follow and whether any suggestions about making redundancies, what the
the usual recruitment process as it is not a suitable alternative role that they changes to the proposed process have before and after organisational struc-
can simply be offered and slotted in to.” been adopted and the final decision ture was and is to look like, and what
Interestingly, in Steel’s opinion, employers do not need to find alterna- about what process and selection cri- the employer considers is a fair and
tives for those at risk of redundancy, but “they do need to be able to show teria will be followed; and an appeal reasonable selection process, and
that they have considered all reasonable alternatives of how redundancies hearing.
can be avoided”. It’s of relevance that Steel says that consults staff about before proceed-
He says that this is best demonstrated by giving those affected a list of all “employers do not have to agree with ing, the employer will have done
current vacancies and asking those affected whether they have any ideas or suggestions made by employees, but most of the hard work.

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