Making Staff Redundant – Consultations

Related imageIf you do not consult employees in a redundancy situation, any redundancies you make will almost certainly be unfair and you could be taken to an employment tribunal.

Collective consultation

Follow these steps:

  1. You must notify the Redundancy Payments Service (RPS) before a consultation starts. The deadline depends on the number of proposed redundancies.
  2. Consult with trade union representatives or elected employee representatives – or with staff directly if there are none.
  3. Provide information to representatives or staff about the planned redundancies, giving representatives or staff enough time to consider them.
  4. Respond to any requests for further information.
  5. Give any affected staff termination notices showing the agreed leaving date.
  6. Issue redundancy notices once the consultation is complete.

More detailed information can be found here

Discipline and Grievance – ACAS Code of Practice

The Acas Code of Practice on disciplinary and grievance procedures gives practical guidance for handling these issues in the workplace. Failure to follow the Code doesn’t make a person or organisation liable to proceedings, however, an employment tribunal will take it into account when considering relevant cases.

Key points

  • Many potential disciplinary and grievance issues can be resolved informally.
  • Employment Tribunals are legally required to take the Acas Code of Practice into account when considering relevant cases.
  • Tribunal can adjust any awards made in relevant cases by up to 25 per cent for unreasonable failure to comply with any provisions of the code.
  • Employers and employees should always look to resolve disciplinary and grievance issues in the workplace.
  • A non-statutory guide (Discipline and grievances at work: The Acas guide) provides additional information on handling discipline and grievance solutions in the workplace.

More information and advice guides can be found here