This template letter may be used where the employer has decided it is necessary to considering making redundant a standalone role due to the impact of the coronavirus pandemic. Where it is not clear that the Employee is genuinely in a standalone (unique) role, for example, where other Employees are carrying out similar roles, with significant overlap in Employee duties, you should use a wider pool to reduce the risk of a tribunal finding that the redundancy dismissal is unfair where the Employee has a least 2 year’s service (or 1 year’s service in Northern Ireland).
We would advise that you also read our factsheet: Redundancy. If you wish to or are able to explore alternatives to redundancy prior to commencing a redundancy consultation process (rather than during the redundancy process itself), please refer to our template letters: Letter Seeking Agreement to a Lay Off or Short-Time Working and Letter Seeking Agreement to Reduce Pay to avoid Redundancies and our factsheet: Considering Alternatives to Redundancy.
For Employees with at least 2 years’ service, or 1 year’s service in Northern Ireland, it is a requirement of a fair redundancy dismissal that employers consult with Employees prior to dismissal for redundancy.
Part of this consultation should include a consideration of alternatives to redundancy where these may avoid the redundancy.
Our template “Second Redundancy Consultation Letter Where Redundancy of a Standalone Role May be Necessary Due to Coronavirus” may be used for the next stage of the redundancy consultation process.
Our general template “First Redundancy Consultation Letter – Coronavirus” should be used where the Employer needs to consider making a redundancy or a number of redundancies due to coronavirus from amongst a pool of employees doing the same or similar roles, rather than the redundancy of a single standalone role.
Template letters are available for use when making short-serving Employees redundant (i.e. those with less than 2 years’ service, or 1 year’s service in Northern Ireland).
There is no requirement to enhance payments for those taking voluntary redundancy, though you may wish to do so. If you already operate an enhanced voluntary redundancy scheme you may wish to refer to this – or state that, in the circumstances, you are unable to offer this.
If proposing to make 20 or more Employees redundant please see our factsheet: Collective Consultation on Redundancy.
In relation to any cashflow difficulties you may experience making redundancy payments now, there is an existing scheme providing for advance funding in some cases. Further details may be found here: https://www.gov.uk/staff-redundant/redundancy-pay.