XpertHR Outlook video: HR in the downturn

In the first of a series of XpertHR Outlook videos, editors Jo Stubbs and David Shepherd discuss the role of HR in the economic downturn, looking at forecasts for the economy and labour market and asking how human resources professionals can add value in organisations facing the toughest trading conditions for many years. 

 

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More from XpertHR on redundancy and related topics

XpertHR subscribers have access to a wealth of material on redundancy and related topics - ranging from worked examples on calculating statutory redundancy payments to recent case reports concerning age discrimination in relation to contractual redundancy schemes. We pick out just some of the information available on the subject. 

 

Redundancy: legal compliance

For all aspects of the law on redundancy rights, including lay-off and short-time working, see the Redundancy rights and Informing and consulting prior to redundancies sections of the XpertHR employment law manual. 

Model policies and documents Helping you to create legally compliant documentation for your organisation. 

Documents include:

Unsure about how to calculate statutory redundancy payments? Let our statutory redundancy payments worked examples guide you through the process. 

Don't forget that the law on redundancy also develops in the courts. Recently reported cases on redundancy include:

Redundancy case reports Search across XpertHR for the latest case reports concerning redundancy. 

Frequently asked questions Find the answers to frequently asked questions on the law on redundancy - or suggest a new question if you can't find what you're looking for. 

Questions include:

 

Redundancy and pregnancy/maternity leave

How to deal with pregnant employees and those on maternity leave in a redundancy situation Practical guidance from the XpertHR "how to" section. 

Case study - employee on maternity leave during redundancy process The position of an employee who is on maternity leave during a redundancy process is a complicated one. Kate Brittin of Lewis Silkin uses a case study to highlight some of the issues. 

Line manager briefing on maternity rights that apply in specific situations This briefing covers some of the challenging situations that may arise during an employee's pregnancy or maternity leave, including redundancy. 

 

Redundancy and age discrimination

Enhanced redundancy payments worked examples Don't forget that only an enhanced redundancy payments scheme that mirrors the statutory scheme with regard to age bands and multipliers will automatically be lawful. Any other enhanced redundancy payment formula will have to be objectively justified. 

A number of recent EAT cases concern age discrimination in relation to selection for redundancy and contractual redundancy payment schemes. Run this search to read more. 

 

Voluntary redundancy

Optare Group Ltd v Transport and General Workers' Union [2007] IRLR 931 EAT Remember that volunteers for redundancy are likely to be held to have been dismissed, not to have resigned. This will be particularly important in deciding whether or not the collective redundancy consultation obligations apply. 

How to manage voluntary redundancies Practical guidance on the subject. 

Policies and documents relating to voluntary redundancy Run this search to find model documents relevant to voluntary redundancy exercises. 

 

Redundancy survivors

How to manage the survivor syndrome The "survivor syndrome", which affects those members of the workforce left behind after a round of redundancies, can have damaging consequences for the employer. 

BP oils troubled waters When making redundancies, employers should be just as concerned about the needs of the staff who stay as with those who go. IRS investigates how BP managed a downsizing exercise at its Grangemouth site. 

Survivor syndrome Run this search for more information on XpertHR on redundancy survivors. 

 

Lay-off and short-time working

Many employers are unaware that the right to lay employees off, or put them on short-time working, must be included in the contract or negotiated with individual employees before such a step is taken. 

How to implement a lay-off or short-time working Lay-offs and short-time working can be used to handle temporary work shortages and adverse trading conditions without having to resort to redundancy. 

The guarantee payments section of the XpertHR employment law manual explains the law on payments where an employee is not provided with work. 

 

Changing terms and conditions

Great care is needed if you decide to change employees' terms and conditions - for example reducing hours or pay - to help ride out the economic downturn. Changing terms unilaterally is likely to lead to breach of contract, constructive dismissal and unlawful deductions from wages claims. 

See How to change the terms of existing employment contracts and How to harmonise terms and conditions following the acquisition of a business for guidance. 

Remember that dismissing employees in order to re-engage them on new terms must be treated as redundancy for the purposes of the collective consultation requirements - GMB v Man Truck & Bus UK Ltd [2000] IRLR 636 EAT