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Redundancy arrangements: the (smaller) shape of things to come?

It is already evident in the current economic climate that most public sector employers are looking to reduce their operating costs, and consulting with workforce representatives in order to examine the possibility of down-sizing their workforces. In many cases employers are offering voluntary redundancy schemes.

Should employers decide to move on to implementing redundancies they will need to consider the possibility of redeploying redundant employees to suitable alternative employment, and implementing arrangements to inform at-risk employees of suitable vacancies. Redundancy selection criteria will also need to be reviewed.

In view of the imminent possibility of large-scale redundancies, and the resulting competition between at-risk employees for any available alternative posts, employers should now consider reviewing their redeployment arrangements.

In particular, employers should be ensuring that:

• Full and current  job and person specifications exist for all potential redeployment  posts, and are easily available to applicants.
• That the most recent staff appraisals, including KSF competences, are detailed and up-to-date so that they represent an accurate picture of employees present skills and abilities.
• Suitable arrangements are put in place for trial periods in posts where at-risk employees meet the basic requirements for appointment.
• Initial short-listing arrangements are limited to at-risk employees, giving priority to employees seeking redeployment due to the need to make reasonable adjustments in response to a disability.
• Redeployment procedures and policies are carefully reviewed for suitability and managers trained to implement them.
• Those responsible for selections and interview of applicants in order to identify the most suitable candidate receive training in equal opportunity law to minimise any challenge to the selection process on grounds of discrimination.
• Liaison arrangements are made with local jobcentres in order to ensure at risk employees are aware of the  services and resources available to them when seeking re-employment, and of any benefits they may be entitled to following redundancy.

Equal opportunity training for all those involved in the above arrangements is desirable for two reasons: firstly in order to ensure that employers meet their legal obligations to employees during this difficult period. Secondly so that where there is a legal challenge following any stage in the redundancy process up to and including dismissal the employer will be able to demonstrate that it gave due consideration to equal opportunity issues and so stand a better chance of persuading a sceptical Employment Tribunal that the challenge has no merit.

Hempsons has a great deal of experience in advising on large scale redundancies and redeployments, and the legal and HR issues that arise in these processes. Our employment teams are able to provide either general or specific training to staff at  all levels of seniority, generally for a fee based only on the time spent delivering the training. Where neighbouring organisations training requirements are similar we can also agree costs-sharing arrangements.

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