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Keeping up to date

We take seriously our responsibility to keep you up to date so that you can use changes in employment law to commercial advantage. By understanding and interpreting the latest case law and legislation we can deliver updates to you that are concise and usable. With imagination, we are able to ensure that developing law can be used to allow you to achieve commercial solutions, cost effectively and expediently.

Series update #2 – do we have a redundancy situation?

Posted on: August 3rd, 2020 by Ginny Hallam

You’ll need to know the answer when reshaping your business so that the process you follow is the right and lawful one. 

It’s not always intuitive, so here are a few things for you to consider:

  1. Even if you have the same amount of work, if you need fewer people to do that work, it is still likely to be a redundancy situation;
  2. If you have a reduction or cessation of a particular kind of work, but the same number of employees needed, asking employees to change what they do perhaps by reducing their role or hours may amount to a redundancy;
  3. You need to focus on the practical reality of the role and not what was written down in a job description years before (if that’s different from what’s happening on a day-to-day basis);
  4. Changes in the way of working are unlikely to amount to a redundancy situation;
  5. Adding to a role will be a redundancy situation if it means that the particular kind of work that the employee is doing is disappearing or reducing.

If you’re unsure as to whether you have a redundancy situation, you should always take advice. In update #3 of the series, we focus on ensuring business reasons for redundancy are chosen and communicated appropriately. 

 

This update is accurate on the date it was sent (4 August 2020), 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.