Mr Kennedy, a car sales training manager had 30 years’ experience in the motor industry and had worked for Hendy Group Ltd since 2013. During the 2020 COVID pandemic, a redundancy situation arose within the training team. Mr Kennedy accepted both the redundancy situation and his selection was fair, but his concern was with how the redundancy process was conducted.
Mr Kennedy claimed that he was unfairly dismissed as his employer failed to properly consider alternative employment within the company. The steps taken by Hendy Group Ltd were not ones a reasonable employer would have considered during a redundancy process;
- Mr Kennedy could only see job vacancies in the same way as external applicants.
- My Kennedy received no guidance or help in identifying suitable roles that he may apply for.
- Following Mr Kennedy’s several rejected applications, he was informed that any further applications for sales roles would be unsuccessful as they questioned his motive in applying for them.
- HR communicated with Mr Kennedy via an email account he could not access.
- HR did not tell managers Mr Kennedy was at risk of redundancy.
- There was no evidence that the employer endeavoured to find alternative, suitable roles.
The Employment Appeal Tribunal found the dismissal to be unfair as the respondent had not made a reasonable effort to identify or support alternative employment. Mr Kennedy was awarded his full financial losses with no ‘Polkey’ reduction as he would have likely secured another job within the business, had the respondent acted fairly.
For a redundancy dismissal to be fair, employers must actively and genuinely consider all viable alternative roles and extend their efforts beyond listing vacancies. This includes providing practical support with applications and ensuring managers within the company are informed of ‘at-risk’ colleagues so they can consider them for any suitable opportunities.
When considering alternative employment, it doesn’t have to be identical to the role being made redundant. If the ‘at-risk’ employee is willing to travel, a different location could be viable. Roles that may require re-training or roles at different levels/grades may also be considered. It is important to document the process so you can demonstrate the steps taken to find alternative employment.
If you’re an employer considering redundancies, or you are simply looking to better understand a fair, compliant process, our team are on hand to provide further guidance. Contact us on 01942 727200 or email enquiries@employeemanagement.co.uk to speak to one of our employment law experts.