The Employment Law & HR Podcast

This is the fifth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

  • Why you need to consider alternative vacancies within your organisation
  • The legal obligation upon you to inform ‘redundant’ employees
  • When you need to search for group company vacancies
  • What you need to do if two or more employees apply for an alternative vacancy
  • Why you must give priority to employees who are on maternity leave
  • Trial periods for alternative employment
  • When it will be reasonable or not for an employee to refuse an offer of a suitable alternative vacancy

Action Points

  1. Ensure that you have a mechanism in place for informing employees of internal vacancies within your business.
  2. Seek advice if you are unsure of the procedure.
  3. Get all of the documents you need to complete the process here: Redundancy DIY Toolkit

Helpful Links

Employment Rights Act 1996 

 Polkey Case

HR1 Form 

Guide to Redundancy


DIY Redundancy Documents

Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).

Within this toolkit you will find everything that you need to undertake a redundancy process including:

  • Redundancy plan – step by step guide
  • Timetable to use – collective consultation and non-collective consultation versions
  • Letter warning employees of redundancy situation
  • First letter to employee representatives re proposed redundancies
  • Letter to employees requesting volunteers for redundancy
  • Letter to employee representatives with details of collective consultation process
  • Ballot paper for election of employee representatives
  • Nomination form for employee representatives
  • Notice to employees with outcome of the elections
  • Notice to employees re Employee representative elections
  • Letter follow up on individual meeting
  • Letter offer of alternative employment
  • Letter to individual employees – provisional selection for redundancy
  • Letter to individual employees confirming dismissal for redundancy
  • Example Redundancy selection criteria

Click here to go to the DIY shop

For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk


Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

Direct download: Episode_152_Final.mp3
Category:general -- posted at: 4:23pm EDT

This is the fourth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

  • Why getting the correct Pool for redundancy is so important
  • How to ensure you select a fair Pool for redundancy
  • When you can have a Pool of one employee
  • How to devise a fair selection criteria
  • What objective criteria to use in your selection
  • Why you should stay clear of subjective criteria wherever possible
  • What you should avoid scoring employees on
  • What information to give to employees about the scoring

Action Points

  1. Ensure that you have basic recording and measuring of employee performance, attendance and other records available when selecting.
  2. Assign one or two people to manage the process of devising pools and completing selection criteria.
  3. Seek advice if you are unsure of the procedure.
  4. Get all of the documents you need to complete the process here: Redundancy DIY Toolkit

Helpful Links

Employment Rights Act 1996 

 Polkey Case

HR1 Form 

Guide to Redundancy


DIY Redundancy Documents

Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).

Within this toolkit you will find everything that you need to undertake a redundancy process including:

  • Redundancy plan – step by step guide
  • Timetable to use – collective consultation and non-collective consultation versions
  • Letter warning employees of redundancy situation
  • First letter to employee representatives re proposed redundancies
  • Letter to employees requesting volunteers for redundancy
  • Letter to employee representatives with details of collective consultation process
  • Ballot paper for election of employee representatives
  • Nomination form for employee representatives
  • Notice to employees with outcome of the elections
  • Notice to employees re Employee representative elections
  • Letter follow up on individual meeting
  • Letter offer of alternative employment
  • Letter to individual employees – provisional selection for redundancy
  • Letter to individual employees confirming dismissal for redundancy
  • Example Redundancy selection criteria

Click here to go to the DIY shop

For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk


Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

Direct download: Episode_151_-_Final.mp3
Category:general -- posted at: 4:08pm EDT

In this episode of the podcast I cover the recent update to the job retention / furlough scheme following the announcement from the Chancellor on the 29th May 2020.

In this episode I will cover:

  • The key changes to the scheme which come into effect on the 1st July 2020.
  • Details about the impact on employees who are currently on ‘family leave’ plus listen through to the end for an addition I made following the exemption published on the 9th June 2020.
  • Recommended steps and planning ideas for employers.
  • Practical action points for employers.

Action Points

1. The number one thing that you need to consider is the future of your business. If you have not already done so it is crucial to think – what is my business going to look like in the next 2, 3, 4 – 6 months?

2. Do you need to start making cutbacks of staff now or planning for the near future? If so, will you need to start a collective redundancy consultation?

3. Check to see if there is flexibility in your employment contracts? Consider are your workforce flexible and willing to change?

4. Ensure that any calculations and cash projections you have made now include the requirement to pay NI and pension contributions from the 1st August 2020, and then factor in the employer contribution to wages for September and October.

5. Get your ‘house in order’ and prepare your claims and timing as soon as possible. From 1 July, claim periods will no longer be able to overlap months. There is effectively a ‘reset’ of the scheme from the 1st July 2020 as it moves into what I would call phase two of the job retention scheme.

6. You will have until 31st July 2020 to make any claims in respect of the period up to 30 June 2020 thereafter you will be unable to claim for the period of ‘phase one’ of the scheme.

7. If your future planning and re-opening plans mean that it is likely you will need to bring employees back from furlough on reduced hours to start with it is important to start a dialogue with the affected employees now. Begin to prepare them for return and explain what will be required of them, where possible try to get agreement and buy-in to your plans. See my article ‘The Reluctant Returner’ about how to handle this communication.

Resources

If you would like to bring an employee back from furlough on a part-time/reduced hours basis we have produced a template letter with agreement, for you to use and you can request a free copy by sending an email to: alison@realemploymentlawadvice.co.uk please put in the subject line ‘flexible furlough return letter’.

We also have a general return from furlough letter which includes a variety of options for you and this is also available for free by sending an email to alison@realemploymentlawadvice.co.uk please put in the subject ‘return from furlough letter’ and we will email you a copy.

From the 12th June 2020 HMRC will provide more detailed guidance for employers on how to calculate the furlough claim and how the scheme will work.

Details of the scheme which is currently available can be read here: https://www.gov.uk/guidance/check-which-employees-you-can-put-on-furlough-to-use-the-coronavirus-job-retention-scheme


Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

Direct download: Episode_150_final.mp3
Category:general -- posted at: 4:50pm EDT

This is the third episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

  • When you are required to elect employee representatives.
  • Why it may be helpful to have employee representatives even if you do not require them for legal reasons.
  • Collective consultation timing for the process of electing representatives.
  • The steps of the process that employers need to follow to fairly appoint/elect employee representatives.
  • Practical steps and ideas to use if you are going through a redundancy process.

Action Points

  1. If you are considering redundancy carefully consider if you need to elect employee representatives.
  2. Put in place a plan with timings for the process.
  3. Assign one or two people to manage the process.
  4. Seek advice if you are unsure of the procedure.
  5. Get all of the documents you need to complete the process here: Redundancy DIY Toolkit

Helpful Links

Employment Rights Act 1996 

 Polkey Case

HR1 Form 

Guide to Redundancy


DIY Redundancy Documents

Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from www.adviceforemployers.co.uk for £100 plus VAT (£120).

Within this toolkit you will find everything that you need to undertake a redundancy process including:

  • Redundancy plan – step by step guide
  • Timetable to use – collective consultation and non-collective consultation versions
  • Letter warning employees of redundancy situation
  • First letter to employee representatives re proposed redundancies
  • Letter to employees requesting volunteers for redundancy
  • Letter to employee representatives with details of collective consultation process
  • Ballot paper for election of employee representatives
  • Nomination form for employee representatives
  • Notice to employees with outcome of the elections
  • Notice to employees re Employee representative elections
  • Letter follow up on individual meeting
  • Letter offer of alternative employment
  • Letter to individual employees – provisional selection for redundancy
  • Letter to individual employees confirming dismissal for redundancy
  • Example Redundancy selection criteria

Click here to go to the DIY shop

For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk


Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.


The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

 
Direct download: Episode_149_Final.mp3
Category:general -- posted at: 2:39pm EDT

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