Making an employee Redundant

There is a common belief amongst many employers that when an employer wants to get rid of an employee, making the employee redundant is the easiest way to go. This is not so.

If the proper procedures are not adopted when making an employee redundant there is the possibility of an employer being liable for an array of breaches under employment laws rules and regulations and could end up paying compensation to the employee and could even face fines.

Redundancy is the avenue to proceed on when an employer actually wants to reduce the workforce because a position or positions are no longer needed in the employer’s operations. Because it’s the “position” that is no longer needed and not “the employee”, if an employee is made redundant, redundancy is very likely to be “unjustifiable” if an employee loses their position and then is replaced by someone else in the same position.

This is a common pitfall faced by many employers who get rid of the employee because they do not like the employee but then get a replacement and the employee who was made redundant gets to know that he or she was replaced with another. So if it’s the employee that the employer dislikes and wants to get rid of, then treading the path of redundancy could be a path to doom.

When making an employee redundant an employer must follow a proper and fair process and all redeployment options of assigning that employee to other positions with the employer should be genuinely considered and exhausted before any employee is made redundant. The reasons for the redundancy must be genuine.

Please consult us and we will be happy to advice you how you should proceed if you are thinking of making an employee redundant because the employee is not to your liking.