In order for a redundancy to be genuine an employer has to have sufficient proof that an employee’s job will no longer exist. Redundancies can either be compulsory or non-compulsory and must be for one of the following reasons:
The employer no longer carries out the business they are employed for.
The employer no longer needs an employee to carry our work of a particular kind.
The employer no longer carries out business in the place where the worker is employed.
Employees have certain rights when it comes to being made redundant and it is an employer’s obligation to ensure that these rights are fulfilled – failure to do so could result in an employer being taken to a tribunal.
Even from the start of the selection process an employer has to be fair and must make their selections for the right reasons – an employer cannot make redundancies that are based on discrimination. It is against the law for an employer to make redundancies because of age, disability, gender reassignment, pregnancy or maternity, race, religion, belief or sexual orientation.
Once employees have been selected for redundancy, employers have to follow a certain process when it comes to informing members of staff – the process that needs to be followed depends on whether or not the redundancy relates to less than twenty workers or more than twenty workers (collective redundancy).
It is vital to seek legal advice prior to making redundancies in the workplace – the importance of doing so cannot be stressed enough.Employment Law MLS Solicitors can act as your outsource HR department and assist you with the redundancy process in order to ensure that your business complies with the regulations relating to laying off existing employees.
Contact one of our employment law experts today to discuss your needs with a solicitor that has vast legal expertise in this field and will offer your business sufficient protection from any repercussions after making redundancies.