For employers who regularly manage such complex and sensitive procedures as grievances and disciplinary hearings, it may come as a surprise that you do not actually have to give an employee the right to appeal against a decision to make them redundant.
This may seem to go against the grain, given that a redundancy is a dismissal, although employers should check whether they have a redundancy policy and follow it carefully if they do (including any appeal procedures that it might contain).
In any event, whilst offering an appeal in a redundancy situation is not legally required, it is seen as good practice, as it affords the employee every opportunity to put their case against a redundancy before an actual dismissal takes effect.
If you do offer employees a right to appeal at any stage of a redundancy, it is important to remember that the appeal meeting is being held so that the employee can explain why they feel they should not be made redundant. Therefore, as with any other employment-related appeal, it would not be appropriate to make decisions during the meeting.
Instead, consider what the employee is saying (even if their suggestions do not reflect the reality of the situation facing the business). A response to their points should then be provided to them in writing within a reasonable time after the appeal has taken place.
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.
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