Redundancies, Dismissals and Discipline Procedures
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Redundancy, dismissal and disciplinary action are among the highest-risk processes an employer will run, get them wrong and you risk unfair dismissal, discrimination or breach of contract claims at an employment tribunal. Get them right, and you protect both your business and the employees affected.
A fair redundancy process starts with a genuine business reason, a properly defined selection pool, objective selection criteria, meaningful consultation, and a real search for suitable alternative employment. Fair dismissal for conduct or capability requires a reasonable investigation, a fair hearing, and a proportionate outcome, following the ACAS Code throughout.
Sharper Labs Legal supports employers end-to-end, from designing a defensible redundancy selection matrix to running compliant disciplinary hearings and advising on the right of appeal, reducing risk while treating employees fairly and consistently.
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How we support your redundancies, dismissals and discipline procedures
- Fair redundancy selection criteria and pooling
- Individual and collective consultation obligations
- Suitable alternative employment searches
- ACAS-compliant disciplinary procedures
- Investigation and disciplinary hearing support
- Right of appeal and outcome letters
Redundancies, Dismissals and Discipline Procedures, frequently asked questions
Everything you need to know about this topic.
A fair redundancy needs a genuine business reason, a properly defined pool of affected employees, objective and non-discriminatory selection criteria, meaningful consultation, and a genuine search for suitable alternative roles before dismissal.
Collective consultation obligations, including minimum consultation periods and notifying the government, are triggered where 20 or more redundancies are proposed at one establishment within a 90-day period. We advise on your specific obligations.
UK law recognises five potentially fair reasons: conduct, capability, redundancy, illegality, or some other substantial reason. Whichever applies, you must also follow a fair process, including investigation, a hearing and a right of appeal.
Following the ACAS Code of Practice: investigate first, give the employee written notice of the allegations and evidence, allow them to be accompanied, hold a fair hearing, and confirm the outcome and any right of appeal in writing.
An unfair or procedurally flawed dismissal can result in an unfair dismissal claim, and if it touches on a protected characteristic, a discrimination claim too, both of which carry potentially significant compensation and reputational cost.
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