Can I make an employee redundant for poor performance?

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Genuine redundancy is potentially a fair reason for dismissal. However, there has to be a genuine redundancy situation and you are required to follow a fair process in carrying out the dismissal. In order to have a fair process you must consider the following key steps:-
  • Look at the area of the business that is affected.
  • Identify which groups of employees are affected and consider whether other individuals from other areas also need to be in the redundancy selection pool – example just because only one area of the business is affected you may be required to put other individuals carrying out similar roles in the selection pool.
  • If there is a pool of individuals then consider the selection criteria that you are going to use – you will need to give those that are affected the opportunity to comment on the criteria.
  • Initially, announce the situation to everyone at the same time – this avoids the message being miscommunicated.
  • Hold individual consultation meetings – remember that consultation must be ‘meaningful’ and therefore you must consider all suggestions that are put forward.
If the employee has previously been made aware that their performance is not meeting the required standards and the areas of improvement that is required, when it comes to scoring it will be easier to justify the score that is given. If there is not a genuine redundancy situation then you should consider managing their performance. Please do not hesitate to call Crispin Rhodes to discuss the situation you are faced with.

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