Don’t be like P&O!

April 5, 2022

 

By Fiona Sinclair

With the news full of stories surrounding P&O Ferries’ decision to make almost 800 of their staff redundant with immediate effect, we set out below the key do’s and don’ts for when you’re considering making redundancies.

Do

  1. Get the underlying reason for the redundancies right first. Is a workplace closing? Is there a reduced need for a certain type of job? Identifying the underlying reason is the most important step of any redundancy process.

  2. Work out how many individuals are affected from the start. There are special rules which come into play if you’re looking to make 20 or more people redundant in a 90-day period.

  3. Explore alternatives to redundancy. This is crucial to a fair consultation process. For example, are there any other vacancies available? Can you offer a reduced role? A job share?

  4. Use an objective selection criteria. For example, you should score based on appraisal ratings, level of qualifications, disciplinary records etc, and not on subjective factors.

  5. Confirm the final decision at a hearing and in writing. Explaining the decision in detail and giving a right of appeal. Best to avoid a pre-recorded video messages like P&O!

Don’t

  1. Say anything to pre-empt the outcome. The worst thing you can do is give staff the impression that the redundancy decision has already been made.

  2. Cut corners with the consultation. The way to make a redundancy a fair redundancy is by showing that you’ve consulted properly with the individuals affected. This means giving them enough opportunities to discuss any ways of saving their jobs.

  3. Apply the ‘first in first out’ approach to redundancy selection. This can place younger staff at a disadvantage and expose you to the risk of discrimination claims.

  4. Forget about those on family leave. For example, when faced with redundancy, those on maternity leave have a right to be offered alternatives roles above those who are not.

  5. Forget notice periods. Even after you’ve consulted with individuals about their redundancies, at the point of confirming redundancy, you’ll still need to serve those individuals with their notice periods. Alternatively, you might be able to pay them in lieu of notice if their contracts allow it.

If you need any advice on redundancy, please contact Fiona Sinclair on fsinclair@darwingray.com or 02920 829 103 for a free initial conversation to see how they can help.

 

  

 

Contact Our Team
Catherine Burke
Partner
View Profile
Damian Phillips
Partner
View Profile
Fflur Jones
Managing Partner
View Profile
Gareth Wedge
Partner
View Profile
Mark Rostron
Partner
View Profile
Nick O’Sullivan
Partner
View Profile
Owen John
Partner
View Profile
Rhodri Lewis
Partner
View Profile
Stephen Thompson
Partner
View Profile

I have worked with Darwin Gray for a number of years and the level of service, professionalism and timely response is second to none. I would highly recommend Darwin Gray to any business.”

Becs Beslee, Dice FM Ltd

Darwin Gray have provided us with a first-class service for many years now. They really take the time to understand our business and develop relationships which results in advice and support that is contextualised and effective.”

Rebecca Cooper, ACT Training

We have worked with Darwin Gray for several years and have always found their services and advice to be first class.”

Karen Gale, Stepping Stones Group

An extremely professional and sincere company who make time for your queries and understand the need to break down certain facts and information to ensure everything is understood perfectly. I would highly recommend the company to anyone looking for any type of legal advice”

Gwawr Booth, Portal Training Ltd

PSS has worked with Darwin Gray for many years. We have always received an excellent service. Prompt and professional advice and support.”

Ledia Shabani, Property Support Services UK Ltd

We have used several departments within DG recently and we have been very pleased with an effective, efficient and down to earth service. Very happy thus far and I expect that we will continue to use DG.”

Guto Bebb, Farmers’ Union of Wales

Darwin Gray offer us truly superb services. Very professional, quick and services available bilingually which is very important to us, highly recommend.”

Iwan Hywel, Mentrau Iaith Cymru

My “go to” in urgent and time sensitive cases for direction, support and advice. The team are quick to respond to calls or emails for advice and support on all matters. Always explain complex matters in a way a lay person can easily understand.”

Margot Adams, Guarding UK Ltd