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| Law and continue to adopt out of date | | | | legislative body looking over their |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