Dealing with redundancy issues

This is currently an area of increasing significance to many businesses. Unfortunately, it is, in itself, an area of some legal complexity.

In a situation where an employer is reducing staff overheads and possibly having to restructure the business with remaining staff having to accept additional responsibilities, access to a steady guide on what is required is of great benefit.

An employer will have in mind who needs to be kept and who is felt to be surplus to requirements. The employer will not want those staff required top keep the business running to feel that they are at risk. However, if the employer fails to consult properly or fails to select fairly, they also run the risk that the choice of who should go may be open to challenge and one or more redundancy dismissals could be seen as unfair. This can prove very expensive and may offset the financial benefit.

The employer should also avoid applying selection policies or criteria that may be discriminatory against a type of employee. The old fashioned "last in, first out" policy is not generally recommended these days as being enough in itself. It may be seen to indirectly discriminate against female members of staff who, it is recognised, tend to change jobs more often than men.

It is important that you speak to an expert before proceeding with staff redundancies. Following the correct procedures can minimise the disruption to your business. In the first instance, please contact Richard Moore or John Sim at our Kendal office on 01539 723 757.
Alternatively, use our Call Me Back facility and we will contact you at a time that is convenient for you.

Temple Heelis LLP have supported businesses with redundancy and other employment law related issues throughout Cumbria (Kendal, Barrow, Carlisle, Penrith) and North Lancashire (Lancaster, Morecambe, Preston).