Sayeeda Choudhury | Trainee

With the world attempting to get back on its feet following lockdown and the uncertainty resulting from the pandemic, many workplaces are left with no option but to downsize their workforce and are having to make redundancies. When doing so, to avoid the dismissals being challenged as unfair and unlawful, employers need to ensure that they follow the correct procedure. In this blog we focus on how an employer can ensure it follows a fair redundancy process by applying a fair selection criteria.

With employer contributions to the Coronavirus Job Retention Scheme ramping up over the coming months, many employers are having to make the difficult decision to reduce their staffing levels. As a result of these changes many employees have or fear that they will be placed at risk of redundancy. Many clients whom we deal with in this situation will be told by their employer that they have checked current vacancies and unfortunately there are no suitable alternative roles which can be offered. Is this enough? Is this all that is required in a fair redundancy process. This blog provides a more detailed consideration of the rather nebulous duty of considering suitable alternative employment.

We have written extensively about furlough and redundancy, mainly from the perspective of permanent employees. But a differentiation must be made between permanent and temporary workers. While both are suffering from the crisis, permanent staff generally enjoy more rights and regulation and better access to government support and social protection. Yet temporary/agency workers are significantly over-represented in sectors most negatively affected by the Coronavirus, particularly hospitality.