09 March 2022

The statement calls on employers to get the process right by issuing five instructions.

1) Do it openly

Employers have an obligation both to notify BEIS and to consult for 45 days with recognised trades unions or elected workforce representatives. If you are proposing to make 100 redundancies over a 90 day period at one establishment, or 20 redundancies overs 30 days, please read our guide to coronavirus redundancies.

2) Do it thoroughly

You must train the elected staff representatives so that they understand their role in managing communications effectively and seeking to reach agreement as to the proposal and its application to the workforce.

3) Do it genuinely

Consultation must be a dialogue with due consideration given to the other view before moving ahead with decisions.

4) Do it fairly

All aspects of your redundancy procedure should be conducted fairly and without any form of discrimination.

5) Do it with dignity

Keep in mind the human cost of redundancy, and that you may want to rehire the person with the talent you later need as work resumes. Getting an exit right reflects well on the organisation’s culture. It will also speak volumes to the remaining staff who are losing colleagues, and whose complete engagement and commitment is needed to support the business though this crisis.

Ensure fairness even for those without redundancy rights

Only those with two years’ continuous service have the right to ordinary unfair dismissal protections which mandates a fair process. However, employers who do not undertake a process for those who have less than two years’ service are vulnerable to discrimination allegations which this statement reminds them to avoid.

Contact Charlie Barnes to discuss your redundancy obligations as an employer.

Charlie Barnes
Charlie Barnes
Director, Head of Employment Legal Services
Charlie Barnes
Charlie Barnes
Director, Head of Employment Legal Services