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I have to make someone redundant next week...

15 replies

snickersnack · 31/10/2008 19:17

...we've lost 2 big clients and things are looking a bit bleak. Dreading it - I've got no HR training, but I am the HR person (director, small company) so no one else who can do it as the chief exec has to remain uninvolved so he can be there in case of an appeal.

It's going to be hideous. I would very much welcome anyone giving me any hints on how to make myself feel less bad about what I'm about to do...

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strawberrycornetto · 31/10/2008 20:59

Look at the acas website for some guidance. Generally, when I have advised people being made redundant, it turns out to be an opportunity in that they go on to do different things they would never otherwise have considered. It may be harder at the moment but hold on to the fact that its not always a bad thing for people. Also, focus with the employee on the fact that it is redundancy and not a criticism of their performance. When people are upset they often think that you are saying they weren't good at their job whereas in a genuine redundancy that isn't the case.

Good luck

RuthT · 31/10/2008 21:49

It shouldn't be easy to make someone redundant so don't feel like you should be 'plastic' about it.

I would have a rough idea (written out) on how I was going to handle it.

If we use an analogy to help. If you watch Casualty the consultants don't say 'Your x died' as soon as someone walks in the door. They say 'Your x came in tonight and they were in a serious condition having been y, we took them into the treatment room and tried to a and b but it didn't work ......

Even if the individual suspects this may be happening then it helps to walk them throuhg it as they take time to process what you are saying.

You have to think even if the individual would like redundnacy this is a form of rejection and there is not much you can do to help this except reassure and offer support.

I would consider what you think the individuals reaction is going to be so that you can plan things in advance.

Don't ask them to a meeting ages in advance, they may worry more and then ask you outright in the wrong situation when you can't help them
Try not to do this on a Friday as you can't support them
Consider what they may want to do after you tell them, so that you can help them achieve it with dignity e.g. will they be visibly upset and just want to go for a coffee to collect themselves without everyone seeing them? Will they want to just go home? Will they be fine and just want the distraction of work?
Don't take too long to get to the point (it will hurt more)
Do keep it about the facts of the clients going and reassure lots that it is this and not them as a person.
Reassure them that they have done a great role their performance is good.
Be honest and say that you really wish that you did not have to warn them that thier role is at risk because the clients have gone
Make sure that before you close the meeting you agree when to catch up next and preferably the next day
Make sure you have the right info to hand e.g what is is likely to mean financially if they go and when would it likely happen.
Be clear about the next steps, when will you confirm in writing with them and within your co policy is there an appeals process etc.
Listen and ensure you provide time for them to react, ask questions etc but equally be prepared for a short and one way discussion

Good Luck

Pollyanna · 31/10/2008 21:54

I made someone redundant last year.

I would say write a script and try to stick to it. Plan some answers to questions the person may ask.

Write down notes of the meeting (just in case...) If appropriate send the person a copy of the notes afterwards.

I also allowed my person to bring someone with her.

Sympathies - it is horrible. My dh now has to make someone redundant too and he is also dreading it.

RibenaBerry · 01/11/2008 16:17

snickersnack,

Are you aware of the statutory minimum dismissal procedure and your obligations re listening to alternatives to redundancy etc? I can't really talk you through the whole thing, but there's loads of process you have to get completely right (letters etc) if someone has been with you more than 51 weeks.

AuraofDora · 01/11/2008 17:05

dh was made redundant, then company went bust before we were paid salary, notice or redundancy itself

i guess what i am trying to say is there are worse things than being made redundant (being left high and dry with no salary or access to benefits is one of them)!

we really felt for the people telling him as we knew it must be a shit thing to wake up and have to do and in our case it was a bad situation made million times worse

do your best be honest and help where you can

hth

snickersnack · 01/11/2008 19:59

Ribenaberry - I think we're pretty clear on the process (we've spoken to our lawyer quite extensively). But your talk of letters worries me - am going to have to go back and read my notes.

RuthT - that's very helpful. Thanks. I hope I can do it in a human way - I'm very fond of all of them in a personal capacity.

We have a pool of 3 people to select from - they all do the same job and we really don't need 3 any more. But I also know who will end up being made redundant as he scores lower on all objective criteria than the other two. So in a sense it is a foregone conclusion, and although it is a genuine redundancy it's going to be hard to look him in the eye and say it's not about his performance, because we (and he) know his performance hasn't been good recently.

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RibenaBerry · 02/11/2008 09:05

Snickersnack - glad you're clear on the process. There will be a least two letters. Firstly one inviting the employee to the formal consultation meeting (which is part of the mandatory statutory dismissal process) and, more practically, a termination letter at the end of the consultation.

Presumably your lawyer has also briefed you on drawing up selection criteria?

Good luck!

tatt · 02/11/2008 09:24

having been close to someone on the receiving end can I recommend NOT leading up to it. You can see what's coming and it only gives you time to worry. Say it immediately as people deal better with the known than the unknown.

Then talk about why you've had to do it in terns of changing business, what benefits you can offer them and if you can reassurance about the nature of the reference they will get. If their performance hasn't been brilliant lately focus on what you think their best points are and the oppertunities that might exist to use those skills elsewhere.

Offer them the opportunity to come back and talk again when they have thought it over/ talked to anyone they wish to contact.

Personally I wouldn't do it in front of anyone else but let them bring someone back to a second chat if they wish.

snickersnack · 02/11/2008 17:09

OK - now I have a couple of questions. I didn't realise I needed a letter inviting them to the first consultation meeting - I was planning on just asking the people in question to come in to the meeting room and doing it there. Do I need to invite them formally? Won't that make them worry more? And should I have them all in together? That was my plan - now I'm wondering if I should see them one by one (that can't be required - what if your pool was huge?).

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flowerybeanbag · 02/11/2008 17:31

snickersnack I can't really give you free advice as you are an employer, but if you google or have a look on the ACAS website, you need the statutory dismissal procedure, which includes a requirement to write outlining the circumstances leading you to consider dismissing someone and inviting them to a meeting to discuss it. I'm concerned to hear you've had extensive discussions with a lawyer (employment specialist?) that has not covered the basic statutory procedure you need to follow.

I would advise doing a bit more research yourself, ACAS is a good start.

RuthT · 02/11/2008 19:03

Snickersnack. The process is nuts and I agree it will worry them more. In strict terms you are meant to invite them to the consultation meeting but (and I work for a big company that normally does things by the letter)but we took a view not to do this on the very first meeting where we told people they may be at risk because it would have caused unnecessary stress.

There is a risk but we weighed it up and decided that not stressing people was better.

You need to weigh up the risks on each side and make a decision based on this info understanding what the risk is to you as an employer.

The only thing you need to think about with the seeing them together versus individually is that you have to think about the last person coming in to see you when the others have seen you and walk out. It may feel like creeping death.

Tatt is also right in not leading up in a long drawn out way, b ut don't do what I have seen which is no sooner the person sits down. Both equally as bad as each other.

flowerybeanbag · 02/11/2008 19:34

I'm not convinced you've got a good legal adviser snickersnack tbh. You need to educate yourself about the legal procedure, and about exactly what the potential outcome could be in terms of legal exposure if you decide not to follow it.

You then need to make an informed decision whether such exposure is worth the risk, and whether there's a way you can minimise stress and upset while protecting yourself legally.

snickersnack · 02/11/2008 21:31

I agree. This isn't filling me with confidence. She sounded very competent on the phone (she damn well should be competent, I've seen her first bill!) and she is an employment specialist with a high profile firm but she didn't mention the first letter. Although looking at the ACAS booklet she was right about everything else.

It's a tough call. I really really don't want to have to alarm anyone too early - would much rather do it face to face at the meeting. Will have to sleep on it, and take a view on whether it's worth the risk. And if we do send a letter, how long we leave it before calling the meeting. Bugger. I do not enjoy this part of the job...

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RibenaBerry · 03/11/2008 09:03

If your first discussion is a group discussion to tell the group that redundancies are proposed in their area, it is common not to have invitation letters for that group meeting, but to have the invitation letters for the individual meetings which follow. However, you would be handing these letters out at the group meeting, so I would expect the concept of having letters to be familar to you and for the lawyer to have drafted them or looked them over for you.

Like Flowery, I think it is important that you understand the statutory minimum process, its importance and when you are going to slot it in. No letters at all = automatically unfair dismissal. I would suggest that you speak to the lawyer before you do any of this and get an understanding.

HTH

snickersnack · 03/11/2008 15:21

Aaah. OK - now it makes sense. Then she was in fact correct, as she did say there needed to be letters to the individual meetings as well as at the end informing people of our decision. But on everyone's advice I am reading the ACAS stuff and making sure I understand it fully as well as how it ties up with what she said...

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