Employers should take care what they say to employees about their rights leading up to possible redundancies, or risk their statements being treated as contractual promises which they must then deliver to those employees.
Employers should ask employees who refuse offers of alternative employment on redundancy why they have done so before withholding statutory redundancy pay, or unlawfully withholding that pay unlawfully if the employee's refusal is reasonable on grounds of, for instance, ill-health.
Employers may dismiss employees for capability, without offering to redeploy them in another role, if they honestly believe the employee falls short of the basic standards required of all their employees, to the extent it can be inferred that they would be incapable of undertaking any other role in the organisation.
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This chapter on employment covers the difference between employees and contractors, terms of an employment contract, termination of employment , wrongful dismissal, unfair dismissal and redundancy.
This chapter covers the termination of employment and includes: types of termination; avoiding unfair dismissal; wrongful dismissal; constructive dismissal; rights of redundant workers including statutory redundancy payments.
Letting people go: the people-centred approach to firing and laying off employees
Guide to firings and layoffs from a US perspective.
Dictionary of human resources and personnel management
Dictionary of terms used in Human Resources and personnel management. Also contains letter and policy document templates.
The redundancy process
The article provides information on the redundancy process in the employment. Topics discussed include the importance of the handling of redundancy dismissals in line with the law, the criteria for selection of redundancy based on the length of service, disciplinary record and performance of employees and finding an alternative to find an alternative for redundancy by communication of employer and employee.
"Wed like to make you an offer"
The article discusses issues related to exit agreements for employees as part of human resources (HR) work. Topics include the negotiation of settlement agreements with employees who have become redundant, the need for documentation of offers to avoid unfair dismissal claims, and the role of confidentiality clauses in agreements.
Redundancy near pensionable age could be age discrimination
The article reports that the Employment Appeal Tribunal (EAT) of Great Britain has returned the case Sturmey v Weymouth and Portland Borough Council to a tribunal for a re-hearing. It mentions that the tribunal will consider whether redundancy dismissal, where the timing meant an employer avoided significant pension costs, could amount to age discrimination.
Making staff redundant
Guidance from GOV.UK covering lay-offs, staff consultations and redundancy pay.
Calculate your employee's statutory redundancy pay
GOV.UK calculator for employers to work out payments based on age, weekly pay and number of years service.
Information on consultations, selection criteria, redundancy notice, and redundancy payments.
Handling large-scale redundancies (Acas)
Advice booklet with case studies and tips for managing the psychological impact of redundancies.
Handling small-scale redundancies (Acas)
Tool for small firms and team managers where fewer than 20 staff are at risk of redundancy. Includes examples of real-life business situations and frequently-asked questions.
Factsheet from the Chartered Institute of Personnel and Development (CIPD) focusing on the legal position, managing redundancy and survivor care. Registration is required to read the full factsheet.
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