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Getting It Right: Redundancies - Their Final Day

Getting It Right: Redundancies - Their Final Day
Richard Hiron Jan 26,2021
blog post

In some ways, this may be the moment that you have been dreading from the outset: how an employee will react on their last day of employment. 

How they react will, at least in part, link back to the planning and preparation that you have performed, as well as to how you have handled the redundancy process. If your reason(s) for making redundancies stand up to scrutiny and you have taken a reasonable position throughout the process, including considering an employee's suggestions and trying to help them where possible, then you have a good chance of keeping your hands clean. 

Sadly, this does not rule out the possibility that an employee may rebel against your decision or, even worse, consider that there is some form of conspiracy afoot designed to get them out of the business. Of course, if there are ulterior motives for making a particular employee redundant, then their feelings may be entirely justified, so it is pivotal to ensure that you are only applying the right reasons for making an employee redundant in the first place, namely that:-

 

1. you are ending or intend to end:-

 

  • the business that you employ the employee for; or
  • the business in the place where the employee is employed; or

 

2. the needs of the business have ended or have reduced or are expected to end or reduce in relation to:-

 

  • employees carrying out work of a particular kind; or
  • employees carrying out work of a particular kind in the place where they are employed.

 

Importantly, make sure that you behave in a professional manner on the employee’s last day of employment, regardless of how that employee decides to make a final impression in the workplace. If they leave on a bittersweet note, it is sad, but it is in the knowledge that they have likely parted on good terms. If, however, they are not minded to leave on a positive note, do not fall victim to the temptation to get drawn into whatever approach they choose to take and, if they do "make a scene", ensure that you take advice before you take any action.

Lastly, think about the impression that you are setting to those employees who are not being made redundant. Would you rather be seen as an employer that handles matters with tact and diplomacy or as an employer that gets into arguments with their departing staff? This is a vital an often-overlooked point, as you will have to continue working with those employees who "survive" the redundancy going forward.

This article is intended for information purposes only and not as a substitute for legal advice. TP Legal does not accept any responsibility for any decisions that you may make as a result of reading this article.