How to Manage a Redundancy Process for Just One Employee

Once in a blue moon, you will encounter a scenario where only one employee needs to be made redundant. This situation is more prevalent for small businesses. But how can you prove that you've followed a fair redundancy process for just one employee?

First of all, you should remember that you're making a post redundant, not a person. If a specific job function is being eliminated, and only one person is carrying it out, you may need to follow a redundancy process for one worker.

Think about your options

Just like all redundancies, there has to be a legitimate reason for the redundancy. You cannot just let go of an employee willy-nilly, and you must prove that you have tried your best to avoid redundancy. 

If the employee that is made redundant finds out that the redundancy is not necessary, they could file for unfair dismissal.

Be transparent

If the circumstance only places one employee at risk, you will need to prove why no other roles could have been considered redundancy. For instance, it might be that the employee's part has now been automated, so the employer no longer has any work left for them.

You can't just make an employee redundant because they are underperforming or you dislike them. That is grounds for unfair dismissal.

You must make sure that the redundancy is legitimate.

Consult with the employee

It's vital that you still consult with the employee, explaining why you need to make their position redundant and discuss any potential options for other work.

Don't forget to follow a formal process by:

• inviting the employee to a formal redundancy meeting, providing them with the right to be accompanied by a trade union representative or coworker.
• giving the appropriate notice to the employee.
• confirming the termination in writing via letter.
• informing the employee of their right to appeal against the verdict.

Do not hire an employee only to fill the same role.

Keep in mind that if you're looking for an employee to fill a similar role not too soon after you've made the position redundant, the former employee will be suspicious, and they might have the right to claim unfair dismissal against you.

If you find yourself restoring the role, you should let the original employee know and ask if they wish to be considered for the position, especially if it's still within three months since the redundancy.

If there's a need for the role again, make sure to give the former employee a call.

Redundancy is one of the most challenging HR issues to navigate as an employer. You also need to make sure you get the process right to protect yourself from unfair dismissal claims. That's why it's always best to be careful and make sure you are familiar with Labour Law.
 

Source: Citrus HR

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