Redundancy procedure: checklist

by Practical Law Employment (based on an original article by Joanne Evans and Karen Fletcher, formerly at Addleshaw Goddard)

Maintained | England, Scotland, Wales

A checklist that provides a step-by-step guide for employers navigating the redundancy process. This checklist outlines the crucial stages required to ensure a fair and legally compliant procedure, helping to minimise the risk of unfair dismissal claims. It addresses how to establish a genuine redundancy situation and distinguishes between the procedures for individual and collective redundancies. For scenarios involving 20 or more proposed dismissals, this resource details the key collective consultation obligations under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA), including notifying the Secretary of State. Key practical steps covered include planning the process, defining appropriate selection pools, establishing objective selection criteria, and conducting meaningful employee consultation. This checklist also highlights the employer's ongoing duty to consider and offer suitable alternative employment, the process for dismissal, and the importance of managing appeals correctly.

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