| Many British businesses have been slow to appreciate | | | | In a redundancy situation companies are able to act |
| the full extent of changes that have occurred over | | | | with complete autonomy, there is no legislative body |
| the years to Employment Law and continue to adopt | | | | looking over their shoulders, monitoring the methods |
| out of date disciplinary and redundancy procedures. | | | | used and in the absence of a trade union, employees |
| Lucky for them then that the only people who seem | | | | are unlikely to be au fait with details of employment |
| less aware of the changes are the employees | | | | law. However, if claims of unfair dismissal are |
| themselves; few employees would believe the | | | | subsequently received the procedures and methods a |
| extent that they are now protected, but that is not | | | | company adopted will be laid bare and heavily |
| likely to last. | | | | scrutinized and the consequences of inadequate |
| With the maximum compensatory award in unfair | | | | procedures penalised. |
| dismissal cases now over £50,000 and with | | | | A tribunal is not a pleasant place for any company |
| tribunals willing to make awards without any regard | | | | official, with the benefit of hindsight a tribunal will |
| to a company's financial position, small to medium | | | | asks difficult questions; what was a real crisis six |
| sized businesses are most at risk. | | | | months earlier may be difficult to convey to people |
| Part-time and agency workers now have comparable | | | | who have no knowledge of the business or in some |
| rights as those enjoyed by full time employees and | | | | cases the industry. |
| discrimination now carries a much wider definition, | | | | Being seen to be fair |
| with even more to come. | | | | Being a good employer who operates in good faith |
| With the introduction of "no win, no fee" legal | | | | and with genuine intentions is not enough, such |
| representation an employee now has little to loose | | | | employers are more and more finding themselves |
| and much to gain by bringing a claim against a former | | | | having to pay substantial compensation to former |
| employer. Tribunals do not operate in the same way | | | | employees, some of whom may be undeserving but |
| as a court of law, the company is not 'not guilty' until | | | | nevertheless know how to play the system. |
| proven 'guilty' but rather considered guilty until they | | | | UK companies are no longer seen as merely providing |
| can prove otherwise. In the absence of real evidence | | | | employment but as being socially responsible and |
| a tribunal will take anecdotal evidence and decide | | | | when a company takes on new employees they are |
| subjectively for themselves as to who, on balance, | | | | assuming more responsibility for that person than |
| they believe. | | | | many realise. |
| Redundancy guidelines | | | | Today companies have to be very aware of what |
| The redundancy guidelines published by governing | | | | their responsibilities are and how they must act. For |
| bodies and often the advice that is received from | | | | small companies where the owners may be more |
| employment law specialists is not always as helpful as | | | | entrepreneurial, the business more hand to mouth, |
| some businesses might like. Take for example where | | | | there is no provision to allow them to operate in any |
| redundancy guidelines talk of a 'consultation' process, | | | | other way than that expected of larger and more |
| what constitutes consultation is often open to | | | | established organisations. |
| interpretation and what an organisation might itself | | | | Some managers can often make the mistake of |
| regard as 'consultation' a tribunal might take as 'a | | | | thinking that redundancy procedures do not apply to |
| premeditated foregone conclusion'. | | | | junior staff and will still issue redundancies on the fly, |
| This article views the redundancy process from an | | | | such action will only expose them to a possible claim |
| organisations point of view where senior managers | | | | for unfair dismissal that they will have every chance |
| are likely to be under considerable pressure, | | | | of loosing. |
| frustrated and keen to act. | | | | A step-by-step guide |
| Where fools rush in | | | | To support senior managers a questionnaire has been |
| Few people, if any, relish the need for redundancies | | | | devised that will guide senior management through |
| but often there is a desire from management to get | | | | the steps required when making redundancies. |
| a difficult task over with as quickly as possible so | | | | By completing the questionnaire a manager will obtain |
| that the organisation can move on. Managers need to | | | | a redundancy procedure checklist and if each step is |
| be educated in the fact that although following the | | | | completed a company can be confident that they will |
| proper guidelines will take longer than just handing out | | | | be able to vigorously defend any future unfair |
| redundancy notices letters the process can bring | | | | redundancy claims they receive. |
| benefits to the employer if done properly. | | | | |