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SL126-Managing Redundancy and Employee Support Policy

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Registration Number: {{org_field_registration_no}}

Managing Redundancy and Employee Support Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} manages redundancies fairly, transparently, and in compliance with CQC regulations, employment law, and best practices in the health and social care sector.

This policy aims to:

2. Scope

This policy applies to:

Nothing in this policy removes or reduces any statutory employment right or any more favourable contractual right applying to an employee.

3. Legal and Regulatory Compliance

{{org_field_name}} will manage redundancy processes in accordance with applicable employment, equality, data protection and health and social care legislation, including:

{{org_field_name}} will also have regard to current ACAS guidance on managing redundancies and collective consultation. ACAS guidance does not replace applicable statutory requirements.

4. Reasons for Redundancy

Redundancy may occur due to:

5. Redundancy Management Process

5.1 Early Planning and Risk Assessment

5.2 Employee and Collective Consultation

{{org_field_name}} will carry out genuine and meaningful consultation before final redundancy decisions are made.

Where fewer than 20 redundancies are proposed

Where fewer than 20 employees are proposed for redundancy and the statutory collective consultation provisions do not apply:

Where 20 to 99 redundancies are proposed

Where {{org_field_name}} proposes to dismiss as redundant 20 to 99 employees at one establishment within a period of 90 days or less, statutory collective consultation will begin in good time and at least 30 days before the first proposed dismissal takes effect.

Consultation will take place with the appropriate representatives of the affected employees in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992. This will normally be:

Where 100 or more redundancies are proposed

Where {{org_field_name}} proposes to dismiss as redundant 100 or more employees at one establishment within a period of 90 days or less, statutory collective consultation will begin in good time and at least 45 days before the first proposed dismissal takes effect.

Collective consultation requirements

Where collective consultation is required, {{org_field_name}} will consult with a view to reaching agreement about:

The legally required information will be provided in writing to the appropriate representatives, including the reasons for the proposals, the numbers and descriptions of employees affected, the relevant workforce numbers, the proposed selection method, the proposed method of carrying out the dismissals and the proposed method of calculating redundancy payments.

{{org_field_name}} will consider representations made by the appropriate representatives and will respond to those representations. Where a representation is rejected, the reasons for doing so will be explained.

Individual consultation will also take place with affected employees as appropriate. No final redundancy dismissal decision will be predetermined before the required consultation has been undertaken.

5.3 Selection Criteria and Fair Process

Where a redundancy selection exercise is required, {{org_field_name}} will identify an appropriate selection pool and apply fair, objective, measurable and consistently applied selection criteria.

Selection criteria and scoring must not unlawfully discriminate, directly or indirectly, because of any protected characteristic under the Equality Act 2010.

Selection decisions must not be based on, or adversely affected by, an employee’s:

Any use of length of service as a selection criterion must be objectively justified and lawfully applied. It must not be used automatically merely because it is administratively convenient.

Employees will be informed of the selection criteria applicable to them and will be given an opportunity to comment on their assessment or score before a final redundancy decision is made.

Selection assessments and the reasons for decisions must be accurately documented and retained in accordance with applicable data protection and record-retention requirements.

5.4 Statutory Collective Consultation Compliance

Where statutory collective consultation requirements apply, responsibility for confirming compliance with the consultation and government notification requirements will rest with the designated senior manager and/or HR lead before any individual notice of redundancy is issued.

The organisation must keep appropriate records demonstrating:

Failure to comply with statutory collective consultation obligations may result in an Employment Tribunal making a protective award. For dismissals taking effect on or after 6 April 2026, the maximum protected period is 180 days’ pay for each affected employee.

Managers must obtain appropriate HR or legal advice where there is uncertainty about whether the statutory collective consultation requirements have been triggered.

6. Support for Redundant Employees

6.1 Statutory Payments and Entitlements

Employees whose employment terminates by reason of redundancy will receive all payments and statutory entitlements for which they qualify.

These will include, where applicable:

Any statutory or contractual maternity, adoption, shared parental, neonatal care or other family-related pay entitlement will be dealt with in accordance with the legislation applying at the termination date.

{{org_field_name}} will make any deductions required by law and will provide the employee with the appropriate termination documentation.

6.2 Time Off to Seek Employment or Arrange Training and Career Transition Support

An employee who is under notice of redundancy and satisfies the statutory qualifying requirements, including the applicable continuous-service requirement, will be permitted a reasonable amount of time off during working hours to:

Requests will be considered reasonably and will only be refused where there are lawful and reasonable grounds for doing so.

Payment for such time off will be provided in accordance with the statutory entitlement and applicable statutory limit.

In addition to these statutory rights, where resources permit, {{org_field_name}} may provide career transition assistance such as:

6.3 Suitable Alternative Employment, Redeployment and Retraining

{{org_field_name}} will identify and consider suitable alternative employment for employees who are at risk of redundancy.

Where a suitable alternative vacancy exists, its suitability will be considered having regard to matters including:

Where an employee falls within a statutory redundancy protected period and legislation gives that employee priority for suitable alternative employment, {{org_field_name}} will comply with that statutory priority.

This includes qualifying employees who are pregnant or who are taking, or have taken, forms of family-related leave to which statutory redundancy protection applies.

Where the statutory priority applies and a suitable alternative vacancy exists, the vacancy will be offered to the protected employee in accordance with the legislation. The protected employee will not merely be required to compete for the vacancy against employees who do not have equivalent statutory priority.

Where an employee accepts alternative employment in circumstances in which the statutory redundancy trial-period provisions apply, the employee will be given the statutory four-week trial period. Where additional retraining is required, any lawful extension to that trial period will be agreed in writing before the trial period ends.

An employee who unreasonably refuses an offer of suitable alternative employment may lose entitlement to statutory redundancy pay. Any such decision will be considered on the individual facts and in accordance with the Employment Rights Act 1996.

Where appropriate, {{org_field_name}} will also consider reasonable retraining which could enable an employee to move into an available alternative role.

7. Communication and Transparency

7.1 Informing Employees

7.2 Statutory Notifications and External Bodies

Redundancy Payments Service

Where {{org_field_name}} proposes to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, the Redundancy Payments Service, acting on behalf of the Secretary of State, will be notified in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992.

The required HR1 notification will be submitted:

A copy of the statutory notification will be provided to the appropriate employee representatives as required by law.

Care Quality Commission

Redundancy or organisational restructuring does not, by itself, create a general requirement to notify the Care Quality Commission.

Where {{org_field_name}} is registered with CQC, the Registered Manager, Nominated Individual and/or other responsible person must assess whether the proposed or actual workforce change triggers a statutory CQC notification.

CQC must be notified without delay where an event prevents, or appears likely to threaten to prevent, {{org_field_name}} from carrying on the regulated activity safely or in accordance with its registration requirements, including where there are insufficient numbers of suitably qualified, skilled and experienced staff to carry on the regulated activity safely.

CQC will also be notified where restructuring results in another change for which notification is specifically required under the Care Quality Commission (Registration) Regulations 2009, including an applicable change concerning the person carrying on or managing the regulated activity, a registered manager, nominated individual, director or other registered details.

All CQC notifications will be made using the current notification route and within the statutory timescale applicable to the event concerned.

Trade Unions and Employee Representatives

Recognised trade unions or elected employee representatives will be consulted where required by the statutory collective consultation provisions. Consultation will begin within the applicable statutory timescale and will not be limited to informing representatives after decisions have already been made.

8. Maintaining Safe Care and Staffing During Organisational Change

Where {{org_field_name}} carries on a CQC-regulated activity, no redundancy or restructuring proposal will be implemented without assessing its effect on the safety, quality and continuity of the regulated service.

Before implementing workforce reductions, {{org_field_name}} will:

Staffing levels and skill mix will continue to be monitored throughout and following the redundancy process. Where changes in people’s needs or circumstances mean that existing staffing arrangements are no longer sufficient, staffing arrangements will be adjusted accordingly.

If staffing reductions prevent, or appear likely to threaten to prevent, the regulated activity from being carried on safely or in accordance with registration requirements, the matter must be escalated immediately and CQC must be notified where the statutory notification requirement applies.

Information about staffing changes will be shared with people using the service and their representatives where this is necessary and appropriate, taking account of confidentiality, individual communication needs and continuity of care.

9. Monitoring and Continuous Improvement

9.1 Post-Redundancy Review

9.2 Employee Feedback

9.3 Policy Updates

10. Related Policies

11. Policy Review

This policy will be reviewed annually or sooner if significant regulatory or operational changes occur. Updates will be communicated to all staff and relevant stakeholders.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

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