REDUNDANCY AND UNDER-PERFORMING EMPLOYEES
A common mistake that employers make is that making an employee redundant is the easiest way to move an under performing employee on.
The problem is that an employee is not made redundant it is the position that is made redundant.
A redundancy occurs when an employer doesn’t need an employee’s job to be done by anyone.
A redundancy may happen due to a number of reasons, for example:
- Restructuring or reorganisation (due to merger or takeover)
- New technology is introduced
- Slows down due to lower sales or production
So to be clear: a job is made redundant, not a person
And if it is not a genuine redundancy it may be considered unfair or unlawful dismissal – and no one wants to deal with that.
Ok, so you tick the boxes above, the next important criteria for a genuine redundancy is following the required consultation process.
Can you demonstrate that you have satisfied the consultation process?
So before you act, think about if the position is no longer required, and why, and identify what the consultation requirements are.
Does that mean you are stuck with an underperforming employee? No Way!!
A clear strategy needs to be established – think Performance Development!!