The short answer is yes. There’s nothing in the law that says you can’t make redundancies remotely. However, it does add extra risk to an already complicated process.
To help, we offer comprehensive redundancy advice. Here’s what you need to know to make safe, legal redundancies over the phone and online.
Follow a watertight redundancy process
For the most part, whether your people are working from home or not, your redundancy process will stay the same.
You still need to have a legitimate reason to make a role redundant, and you still need to look at all options to avoid the redundancy.
You also need to consult with your employees who are at risk of redundancy. If you don’t, then the redundancy will almost definitely be unfair, and an employee may be able to make a claim against you at a tribunal.
There’s no legal requirement to consult employees face-to-face, so you can do this over the phone. Or, better still, hold a video call. But whatever you do…
Don’t make redundancies by email
Redundancy consultations must be ‘meaningful’. This means you need to take your employees’ input seriously and consider their thoughts and ideas.
A video call is your best chance for this. You and your employee will be able to communicate better with each other through eye contact, body language, hand gestures and more. If you can’t use video, a phone call is your next best option.
But while you can use email to communicate with staff throughout the process, an email consultation alone is not enough. Because email probably won’t count as ‘meaningful communication’.
And remember, if you’re making 20 or more redundancies within a 90-day period, you need to follow ‘collective consultation’ rules.
That may mean consulting with an elected employee representative or a trade union representative. When making between 20 and 99 roles redundant, the minimum consultation period is 30 days. When the number is 100 or more, the minimum consultation period is 45 days.
Again, while information can be shared by email, it’s best to arrange at least one phone or video call as part of the process.
Follow the right procedures during your call
Give your employee a chance to prepare and let them suggest an appropriate time for the call.
The law says you can’t finalise your redundancy plans before you consult with your employees. So, during your meeting, you’ll need to discuss a range of issues, such as:
How many people you plan to make redundant.
Ways to avoid job losses.
The reasons people might be selected for redundancies.
The business’s plans for the future.
You’ll need to respond either during or after the meeting to any suggestions that your employee makes, giving the reasons for your decision.
It’s worth documenting your responses, too, in case you ever need evidence at a tribunal.
Send your employees notice of their redundancy
It’s best to call your employee to say that you’re making them redundant before you give them their notice.
Then, you need to send them a redundancy letter that confirms your decision and gives notice that their employment is ending.
Your letter needs to include:
Their last date at work.
Whether you need them to work their notice.
Any paid time off they have left.
How much redundancy pay they get.
Any other pay (like holiday pay) you owe them.
How they can appeal against the decision.
It’s also important to notify staff when they are no longer at risk of redundancy. While you can do this by email, a phone or video call is better.
Get expert support
Redundancy is a stressful process at the best of times. That’s why Peninsula clients enjoy access to unlimited HR support to help you stay on the right side of the law.
But we know that managing staff is about more than following legislation. That’s why many Peninsula clients also benefit from our 24/7 Employee Assistance Programme (EAP).
Your EAP gives you and your staff access to confidential wellbeing support services to help you overcome your life challenges, including managing the impact of redundancy.
Find out more about how Peninsula supports your business. Speak to an expert on
Is it legal to make redundancies remotely?
FAQs
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HR management outsourcing is when a team of experts manage your HR by looking after your contracts, policies, and procedures.
These are the HR essentials every business needs. Without them, your staff could bring successful claims against you, you could lose thousands in legal fines, and even face prosecution. You should never underestimate the benefits that HR support can do for your company.
We have years of experience in providing HR for SMEs and HR management outsourcing. Contact us to see how we can support you, including HR advice for small businesses - as well as medium and large companies.
Good human resource management is having round the clock support when you need it the most.
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A HR manager looks after your HR service and has lots of responsibilities, which may include looking after onboarding, documentation and contracts, as well as staff disputes.
It’s a time-consuming and expensive job, which is why outsourcing it saves employers a lot of time and money. Peninsula can look after your SME HR, including giving you access to our HR advice line - taking away the need for a HR manager, contact us today.
Outsourcing HR is cheaper than hiring internal staff and saves you money overall when it comes to your HR service. Plus, you avoid making mistakes that could cost you heavily in claims and legal fines down the line. Every business should consider HR support as a way to avoid claims.
Peninsula is one of the leading HR outsourcing services in the UK, and by working with us you get access to our HR advisory service. Contact us for your outsourced SME HR today.
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We make outsourcing your HR easier than ever before, contact us today to see how we can help you.
The catalyst for this case was an email received from a customer, asking to change an appointment. The claimant felt that the customer had previously been rude on the phone. They intended to forward an email about the change of appointment to a colleague along with the message, “Hi Karl, Can you change this… he’s a t**t so it doesn’t matter if you can’t.” By mistake, this was sent back to the customer instead.
The Work Foundation at Lancaster University has tracked the employment records of over 9100 workers, aged between 16 and 60 from 2017/18 to 2021/22, focusing on those who became ill within the first two years of the study.
According to research carried out by the Chartered Institute of Personnel and Development (CIPD) and Omni RMS, 61% of employers in the north and 56% of those in the Midlands have had candidates cancel interviews with little or no notice over the past 12 months, with 18% in both regions reporting new starters failing to turn up on their first day at work.
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