Redundancy Advice: Selection and Consultation
When the decision is made by a company to scale back part or all of their business, move premises or go into administration, then decisions will be made among senior management about whether redundancies should take place and who needs to go. Employers are expected to make all reasonable changes necessary to avoid redundancies before they lay off their staff. They can’t, for example, make lots of redundancies at the same time as taking on new staff. They should also make a reasonable effort to offer you alternative work where applicable.
Employers will select employees for redundancy according to a number of criteria:
- Skills and Capabilities
- Attendance Record
- Conduct Record
- The importance of your job role in the framework of the company
- Type of work needed to be done by those remaining in the company
You should be told which of these have been considered during your redundancy consultation.
Before you are selected for redundancy or your notice of redundancy is received, your employer must bring you in for a redundancy consultation where they will inform you of why you are being made redundant. You are allowed to discuss this with your employer and plead your case in an employment tribunal if your employer fails to consult properly.
During this process, your employer should also inform you of possible alternative work. This should take into account your current pay, your skills, abilities and qualifications. You may refuse alternative work offered to you but this may affect your redundancy pay if deemed unreasonable. You have the right to time off during your redundancy consultation to look for alternative work or do training relevant to your career. However, your employer does not have to pay you for all this time; only for 20 per cent of it. The consultation period should not last more than 30 working days, but for larger organisations this may be longer.
Where multiple redundancies are being made in larger organisations, a representative will be an elected employee or trade union member, chosen to represent employees at the consultation. The representative will consult with the employer about the best way to proceed and keep redundancies to a minimum and may consult back to the rest of the employees.
TCHC work with local authorities and public and voluntary sector organisations to support jobseekers and those affected by redundancy and help them to find a job or start a business.
Visit our redundancy web page for more information on our Skills Support for Redundancy programme.
Next in the redundancy survival guide, find out about redundancy rights and statutory redundancy notice periods.