Redundancy HELP PLEASE

[Thisismyusernamefornow]

Does a small business making 3 people redundant (out of 25) have to follow a specific process?

Everyone else is being furloughed. The 3 positions being lost will no longer be required once the business reopens due to loss of business and changes in structure.

Thanks.

The size of the business doesn’t impact the process, other than if larger groups of employees are involved.

Assuming that the three redundant employees have over two years service then yes.

Yes in theory but good luck getting a tribunal started while all this is going on

Yes they do. They could do it over the phone/video if not face to face.

Worth trying early Conciliation (ACAS) if they neglect to consult with you

No. If they are making less than 20 people redundant then there is no time period or process they need to follow. You should get some proper employment legal advice. Sorry about what happening to you. op.

” No. If they are making less than 20 people redundant then there is no time period or process they need to follow. You should get some proper employment legal advice.”

I think perhaps you need to get that “proper employment legal advice” if you think employers making fewer than 20 people redundant don’t need to follow any kind of process...!

You’re getting confused with collective consultation requirements for larger scale redundancies. Just because those specific rules around timescales don’t apply doesn’t mean no consultation/fair selection process is required!

Assuming you're one of the people being made redundant, how long have you been working for the company? Less or more than 2 years? And are you a trade union member?

@flowery - there’s no formal consultation required and no recourse if they don’t consult. Sorry but you’re giving op false hope. Unless there is an issue with discrimination, if her post is redundant she is unlikely to be able to do much.

the OP can claim unfair dismissal for failure to consult, so she if OP has more than 2 years service she can put a claim in.

If she has less than 2 years then I'm not sure she'd be able to do a lot barring any discriminaton issues.

”@flowery - there’s no formal consultation required and no recourse if they don’t consult.”

You can say that as many times as you like. Doesn’t make you right. Point me to somewhere (credible) that says no consultation is required when making fewer than 20 redundancies please.

This government page, for example. Presumably it says there that consultation is only required for larger scale redundancies? No? Funny that..

How about ACAS? Oddly, they too say that you must consult with all employees affected...

Flowery is, of course, correct. There is no requirement for collective consultation if fewer than 20 employees are being made redundant but the employer must consult with the individual employees. If they fail to do so the redundancy is likely to be an unfair dismissal. So consultation is required and there is recourse to the Employment Tribunal if it doesn't happen.

Employers usually know who they want to make redundant, and back fill the paperwork and meetings to get to the result. Sorry.

"If they fail to do so the redundancy is likely to be an unfair dismissal. So consultation is required and there is recourse to the Employment Tribunal if it doesn't happen."

Only for employees with more than 2 years service.

Only for employees with more than 2 years service

Correct. If dealing with an employee with less than 2 years service the employer doesn't need to consult. However, if there is a process laid down in the employee's contract the employer must follow it.