Consultation is key to a fair redundancy process. But there’s more to consultation than the legal process – communication throughout is key to reducing disruption and keeping your best people.
Here are our top five tips for starting a fair and transparent redundancy process.
Cut out the rumours – prior to the first announcement, carefully plan the message that you want to land with every one of your employees (or at least those who will hear about the redundancies) in respect of the changes that you’re proposing. Start the communication process by ensuring that everyone is given the same message about the reasons for the proposed changes, those potentially affected and the next steps.
Straight-talking, clear messaging is key – rehearse your key reasons for the possible changes carefully. Be clear that the outcome is not predetermined and this is the start of a process designed to avoid redundancies. Be clear on the support available, when updates will be provided and how the end of the process will be communicated.
Choose a communication method which works for your employees – whether it’s a video making the announcement about the start of a redundancy process, messaging from managers to their team or an online meeting, be sure to choose communication tools that work for your employees.
Shout out support – everyone deals with change differently. Whether an employee is at risk or just unsettled, shout out the routes to support that you can offer. Whether it’s an EAP helpline, financial support, or offers of counselling, be sure to remind employees regularly of the support available.
Keep on top of frequently asked questions – there’s a huge amount of information your employees will need to digest in the early stage of redundancy consultations. You’ll have many questions raised about the process, the payments, the alternatives and the fairness. Be ready to deliver the answers to those questions at the right time, in the right way and consider whether an up-to-date frequently asked questions page on your intranet is a good way to deal with questions asked by many.
If you need advice or guidance on managing a consultation process – Intelligent Employment is here to help. Find out how.
This update is accurate on the date it was sent (24 October 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
When reshaping your business you need to be clear about why you’re making changes to employees’ jobs. Legally, you don’t need to prove the changes are going to achieve your commercial objectives (although a coherent strategy helps!). That said, here are a few things to consider:
Focus on business needs – consider business priorities. Are annual plans on track, is there reducing demand or increasing costs, are certain roles no longer affordable? A tribunal will spend time understanding the commercial circumstances you face when checking your reasons for change are genuine (and not an opportunity to quickly dismiss poor-performing employees).
Record the facts – it’s useful to record the facts you’re presented with at the time you make changes so you can show the context for the decisions. Think basic spreadsheets, year-on-year figures, changing business expenses or overheads etc.
Outsourcing and TUPE – if you’re outsourcing work you currently do you’ll need to take advice on whether you’re creating a TUPE transfer. If outsourcing creates a TUPE transfer you’ll need to take extra care as employees subject to TUPE transfers have enhanced employment law protection.
If you need advice or guidance on reshaping your business – Intelligent Employment is here to help. Find out how.
This update is accurate on the date it was sent (07 October 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
One in four UK adults are planning to make do without heating this winter. With soaring energy costs and nearly 40% of employees in hybrid working routines, a migration back to the office this winter could be a cost-saving necessity for employees. Here are a few things you might want to consider.
No one-size-fits-all – everyone’s circumstances are different. Balancing rising energy bills with fluctuating forecourt fuel prices (amongst other outgoings) will be entirely individual. Encouraging employees to approach their manager with concerns means you’re in the best position to understand challenges and put plans in place where you can.
Flexible flexibility – employees might want to gauge the impact of rising winter costs when they start to bite in colder months. Taking a flexible approach to increasing office days (or increasing home working if commuting costs are a primary concern) enables agility and avoids employees potentially being left out in the cold.
Practical planning – if you’ve reduced office space after an increase in remote working, plan early for how you might need to accommodate an increased employee presence. Asking employees to communicate in advance when they plan to be in the office will help to manage any limited desk space.
Consider contracts – if your contracts set out the specifics of a hybrid or home working arrangement (two days in the office and three at home, for example), you’ll need to agree in writing any variation with the employee to enable them to increase or reduce their remote or office working.
We’ve added a new financial well-being policy to Intelligent Employment – click here to access. If you’d like to know more about how Intelligent Employment can benefit your business, get in touch.
This update is accurate on the date it was sent (06 October 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
As part of keeping you in our focus, our ‘legal lightbulb’ update ensures you’re on top of the latest changes in legislation, case law, and people trends.
Right-to-work checks and certified identity service providers
The government have published a list of certified digital identity service providers (IDSPs) for digital right-to-work checks. IDSPs will use Identification Validation Technology to carry out the digital document checks on your behalf. Covid-adjusted right-to-work checks ended on 30 September 2022 meaning that from 01 October you need to either:
Carry out online checks via an Identification Service Provider (IDSP) as above
Carry out checks in person ensuring the employee is providing original, untampered documents, along with taking and storing a signed and dated copy of the document/s
Update on the four-day working week trial
88% of organisations taking part in the UK’s four-day working week trial have found the trial was working well for their business and are likely to extend it beyond the end of the trial. The trial covers more than 3,300 workers with 46% of participant organisations maintaining the same level of productivity, 34% seeing a slight improvement, and 15% having a significant improvement. The trial is due to end in November.
Menopause, uniforms and indirect discrimination
One in 10 women are likely to leave their job because of menopause symptoms. If wearing a uniform is an occupational requirement, consider how lightweight, breathable and appropriate it is for those who may be experiencing symptoms. If a policy on uniforms is more detrimental to a certain group, you must be able to justify that policy to avoid potential claims of indirect discrimination. With tribunal claims citing menopause increasing and the topic of uniforms in the headlines, taking positive, proactive steps to support can only have a positive impact.
This update is accurate on the date it was sent (04 October 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.