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Redundancy and Business Reorganisation

Redundancy is one of five fair reasons for dismissal of an employee. However, redundancy isn’t always inevitable in a business reorganisation – we can work with employers in a strategic approach to find alternatives to redundancy, including layoffs, amended hours, or amended terms.

How can Thrive help?

We can work with you from the outset, helping you to shape your redundancy process to meet business needs whilst ensuring minimal disruption to the workforce.  We bring both a commercial and human approach to these situations which almost always results in a process that goes unchallenged.

If you are simply looking for initial guidance, we have prepared a full redundancy guide, which provides full advice and a step-by-step guide to a company on how to conduct a redundancy process, but also includes all the required documentation and letters for an employer to provide to employees.

What are the risks of getting redundancy wrong?

The most obvious possible claim would be unfair dismissal; employees may be able to make such claims in the Tribunal where they have been dismissed without a genuine redundancy scenario, or if there has been a failure to follow a fair process. In a redundancy situation a failure to follow a fair process or prove a genuine redundancy situation may include:

  • Not providing suitable alternatives;
  • An unfair or discriminatory scoring system;
  • Allegations of predetermination;
  • Inequality of treatment between different members of staff (for example warning some staff whilst others aren’t); or
  • A failure to follow the process as set out in the staff handbook or as indicated by Acas Guidance.

We can guide through all aspects of the process. If you think Thrive Law can assist you further, get in touch today at enquiries@thrivelaw.co.uk

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