It is important to understand that Redundancy is termination of employment and unless and until you consult with affected staff and together consider possible alternatives to redundancy, the process will be judged to be unfair. A rule of thumb is that it is the position that is redundant and not the person. As with all employment legislation, there is a procedure that must be followed in order to protect the organisation; Specifically, against an unfair dismissal claim. To avoid such a claim, you must be able to prove:
- There is a genuine redundancy situation;
- That the selection method was fair (all employees affected) and reasonable;
- That you followed fair procedures when implementing the redundancy.
Claims of unfair dismissal can easily arise from a poorly executed redundancy process. For those who are not familiar with the process, making a position redundant may start to feel like a mammoth task without a clear line of sight to the conclusion of the process.
In Boyd HR, we have been guiding employers through the redundancy process since our business was established over 21 years ago. If your organisation is having to consider making some positions redundant, contact Boyd HR today on 074 912 3150 for advice on navigating the hedge maze that the redundancy process can be.