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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Managing Redundancy and Employee Support Policy

1. Purpose

The purpose of this policy is to set out how {{org_field_name}} will manage proposed redundancies fairly, lawfully and transparently while protecting the safety, well-being and continuity of care of individuals using the service.

Redundancy processes will be managed in accordance with applicable employment legislation, including the Employment Rights Act 1996, the Trade Union and Labour Relations (Consolidation) Act 1992, the Equality Act 2010 and other applicable employment legislation in force at the relevant time.

As a registered care home service in Wales, {{org_field_name}} will also ensure that any workforce change arising from a redundancy process is managed in accordance with the Regulation and Inspection of Social Care (Wales) Act 2016, the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended, and applicable statutory guidance issued by the Welsh Ministers.

No redundancy proposal will be implemented in a manner that prevents the service from maintaining sufficient numbers of suitably qualified, trained, skilled, competent and experienced staff to meet individuals’ care and support needs, support their personal outcomes and provide the service safely and in accordance with its statement of purpose.

2. Scope

This policy applies to all employees of {{org_field_name}}, including full-time, part-time, and agency staff who may be affected by redundancy. It outlines the procedures for consultation, selection, support for affected employees, redeployment options, and compliance with legal requirements. This policy also provides guidance on mitigating redundancies wherever possible.

3. Related Policies

This policy should be read in conjunction with:

• CHW04 – Good Governance Policy: Ensuring fair and ethical employment practices.
• CHW27 – Staff Supervision, Training, and Development Policy: Supporting employee growth and alternative career pathways.
• CHW31 – Disciplinary and Grievance Policy: Ensuring procedural fairness in workforce decisions.
• CHW30 – Equality, Diversity, and Inclusion Policy: Preventing discrimination in redundancy selection.
• CHW23 – Lone Working and Staff Safety Policy: Ensuring employee well-being during transitional periods.

4. Policy Statement

{{org_field_name}} is committed to managing redundancies with fairness, sensitivity, and compliance with all legal and regulatory obligations. Where redundancies become necessary, we will ensure that affected employees receive appropriate support, clear communication, and opportunities for redeployment or reskilling. Our approach prioritises the welfare of employees while safeguarding the continuity of high-quality care for our residents.

5. Redundancy Avoidance Measures

Before considering redundancies, {{org_field_name}} will explore alternative strategies to reduce workforce reductions, including:

• Reviewing Operational Efficiencies: Identifying cost-saving measures that do not impact staff retention.
• Reducing Overtime and Agency Use: Adjusting schedules to optimise existing workforce capacity.
• Freezing Recruitment: Prioritising internal redeployment over external hiring.
• Voluntary Redundancy: Offering voluntary redundancy where feasible before implementing compulsory redundancies.
• Retraining and Redeployment: Identifying alternative roles for at-risk employees within the organisation.

6. Redundancy Consultation Process

{{org_field_name}} will undertake genuine and meaningful consultation before reaching any final decision to dismiss an employee by reason of redundancy. Consultation will begin at the earliest reasonable opportunity while proposals remain capable of change.

Individual Consultation

Employees provisionally identified as being at risk of redundancy will be informed of the proposal and will be given a reasonable opportunity to:

• understand the reasons for the proposed redundancy;
• comment on and challenge the proposed selection pool and selection criteria, where applicable;
• review and comment on their provisional assessment or selection score;
• suggest ways of avoiding or reducing redundancies;
• discuss suitable alternative employment and other redeployment opportunities;
• raise any relevant individual circumstances; and
• make representations before a final decision is reached.

Any representations made during consultation will be genuinely considered. Where a material representation is not accepted, the employee will be informed of the decision and the reasons for it.

No dismissal decision will be predetermined before meaningful consultation has been completed.

Collective Consultation

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 collective consultation requirements under the Trade Union and Labour Relations (Consolidation) Act 1992 will be followed.

Consultation will take place with the appropriate representatives of the affected employees. These will be:

• representatives of a recognised independent trade union where the affected employees fall within a category for which the union is recognised; or
• properly elected employee representatives where there is no recognised trade union representing the affected employees.

Where employee representatives are required, affected employees will be given an appropriate opportunity to nominate candidates and vote in an election conducted so that the representatives are properly elected.

Collective consultation will include consultation about:

• ways of avoiding the proposed dismissals;
• ways of reducing the number of employees to be dismissed; and
• ways of mitigating the consequences of the proposed dismissals.

The appropriate representatives will be provided with the information required by law, including the reasons for the proposals, the numbers and descriptions of employees proposed for redundancy, the total number of employees of those descriptions employed at the establishment, the proposed method of selecting employees, the proposed method of carrying out the dismissals and the proposed period over which the dismissals are to take effect.

Where 20 to 99 redundancies are proposed at one establishment within a period of 90 days or less, collective consultation will begin in good time and at least 30 days before the first dismissal takes effect.

Where 100 or more redundancies are proposed at one establishment within a period of 90 days or less, collective consultation will begin in good time and at least 45 days before the first dismissal takes effect.

Where collective consultation requirements apply, {{org_field_name}} will notify the Secretary of State in accordance with the statutory requirements, using Form HR1 or any replacement statutory notification process in force at the time. The notification must be made at least 30 days before the first dismissal where 20 to 99 redundancies are proposed and at least 45 days before the first dismissal where 100 or more redundancies are proposed. A copy of the notification will be provided to the appropriate employee representatives as required by law.

Notice of termination will not be issued in a manner that breaches the applicable statutory collective consultation or notification period.

Final Decision

Following completion of the appropriate consultation process, employees will be informed in writing whether they have been selected for redundancy. Where redundancy is confirmed, the written notification will set out the termination arrangements, notice, redundancy payment where applicable, any outstanding contractual payments, available alternative employment and the right of appeal under this policy.

7. Selection Criteria

Where it is necessary to select employees for redundancy from a group of employees undertaking the same or similar work, {{org_field_name}} will identify an appropriate selection pool and use fair, objective and, so far as reasonably practicable, measurable selection criteria.

Selection criteria may include, where relevant to the legitimate future needs of the service:

• skills, qualifications, competence and relevant experience;
• objectively evidenced standards of work or performance;
• current disciplinary records, where it is fair and appropriate to take these into account;
• attendance records, subject to the exclusions set out below; and
• skills and competencies required to maintain the safe and effective operation of the care home and meet individuals’ assessed care and support needs.

Selection criteria will be applied consistently to employees within the relevant selection pool and decisions will be supported by appropriate evidence.

Attendance records used as part of a redundancy-selection exercise must be accurate and must not include absences where doing so would unlawfully discriminate against or disadvantage an employee. In particular, appropriate adjustments or exclusions will be made for absences connected with disability, pregnancy or maternity and other absences protected by legislation.

An employee will not be selected for redundancy because of, or subjected to a disadvantage in the selection process because of:

• pregnancy or a reason connected with pregnancy or maternity;
• maternity leave;
• adoption leave;
• paternity leave;
• shared parental leave;
• ordinary parental leave;
• parental bereavement leave;
• neonatal care leave;
• bereaved partner’s paternity leave;
• carer’s leave;
• time off for dependants;
• exercising or seeking to exercise a statutory employment right;
• carrying out health and safety activities or raising health and safety concerns;
• making a protected disclosure or raising a whistleblowing concern;
• acting, or seeking to act, as an employee representative;
• acting as a trade union representative;
• trade union membership, non-membership or lawful trade union activities;
• working part-time or under a fixed-term contract;
• taking lawful industrial action where dismissal for that reason would be prohibited by law; or
• any protected characteristic under the Equality Act 2010.

The protected characteristics under the Equality Act 2010 are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Selection criteria will also be reviewed before use to identify and address any unjustifiable indirect discrimination.

Employees will be informed of the selection criteria used and, where applicable, their own provisional scores. They will be given an opportunity during consultation to comment on or challenge the information or evidence relied upon before a final redundancy decision is made.

7.1 Suitable Alternative Employment and Statutory Redundancy Protection

Throughout the redundancy process, {{org_field_name}} will identify and consider available suitable alternative employment within the organisation and, where applicable, within associated employers.

Where a suitable alternative vacancy is available, it will be considered as an alternative to dismissal by reason of redundancy.

In determining whether alternative employment is suitable, consideration will be given to relevant factors including:

• the nature and similarity of the work;
• the employee’s skills, qualifications, abilities and individual circumstances;
• pay and contractual benefits;
• status and level of responsibility;
• working hours and working arrangements;
• location and any additional travelling requirements; and
• other relevant terms and conditions of employment.

Any offer of suitable alternative employment will be made in writing before the employee’s existing employment ends, will explain the material differences between the existing and alternative roles and will comply with the statutory requirements applying to alternative employment.

Where required by law, an alternative role will commence no later than four weeks after the employee’s existing employment ends.

An employee who accepts alternative employment which differs from their previous employment will be entitled to the statutory four-week trial period. Where retraining is required, the trial period may be extended where this is agreed in writing in accordance with the applicable statutory requirements.

An employee who unreasonably refuses an offer of suitable alternative employment may lose their entitlement to statutory redundancy pay. Any decision that an employee has unreasonably refused suitable alternative employment will be made only after considering the suitability of the role and the employee’s individual circumstances.

Employees with Statutory Priority for Suitable Alternative Vacancies

Where an employee falls within a statutory redundancy protected period, {{org_field_name}} will comply with the employee’s legal priority to be offered any suitable alternative vacancy that exists.

This protection applies, in accordance with the legislation in force at the relevant time, to employees who are within a protected period associated with:

• pregnancy;
• maternity leave;
• adoption leave;
• shared parental leave;
• neonatal care leave; or
• bereaved partner’s paternity leave.

Where the statutory conditions are met, a suitable alternative vacancy must be offered to an employee within the protected category in priority to employees who do not have that statutory protection. The protected employee will not be required merely to compete for a suitable alternative vacancy where the law requires the vacancy to be offered to them.

Where more than one employee with statutory priority is eligible for the same suitable alternative vacancy, {{org_field_name}} will use a fair and objective method to determine which protected employee should be offered the role.

The applicable protected period and eligibility requirements will be determined in accordance with the legislation in force at the time of the redundancy exercise.

8. Redundancy Notice Periods and Entitlements

Employees whose employment is terminated by reason of redundancy will receive their contractual notice entitlement or the statutory minimum notice entitlement, whichever is greater.

The statutory minimum notice periods are:

• at least one week’s notice where the employee has been continuously employed for at least one month but less than two years;
• one week’s notice for each complete year of continuous employment where the employee has been continuously employed for at least two years but less than twelve years; and
• twelve weeks’ notice where the employee has been continuously employed for twelve years or more.

Where permitted by the employee’s contract or otherwise agreed lawfully, {{org_field_name}} may make a payment in lieu of notice instead of requiring all or part of the notice period to be worked.

Statutory Redundancy Pay

An employee will normally qualify for statutory redundancy pay where they are an employee and have completed at least two years’ continuous employment by the relevant date, subject to the statutory eligibility rules.

Statutory redundancy pay will be calculated in accordance with the Employment Rights Act 1996 using the employee’s age, completed years of continuous service and statutory week’s pay.

For each complete year of eligible service, the statutory calculation provides:

• half a week’s pay for each complete year during which the employee was under the age of 22;
• one week’s pay for each complete year during which the employee was aged 22 or over but under the age of 41; and
• one and a half week’s pay for each complete year during which the employee was aged 41 or over.

A maximum of 20 years’ service may be taken into account.

For redundancies taking effect on or after 6 April 2026, the statutory maximum week’s pay used in the calculation is £751 and the maximum statutory redundancy payment is £22,530. These statutory limits are normally reviewed annually and {{org_field_name}} will apply the statutory limits in force on the relevant date rather than relying on an outdated monetary amount stated in this policy.

Employees entitled to statutory redundancy pay will receive a written statement showing the amount of their redundancy payment and how it has been calculated.

Where an employee has a contractual entitlement to an enhanced redundancy payment, that entitlement will be applied in accordance with the relevant contract or contractual scheme.

On termination, employees will also receive any other sums lawfully due to them, including outstanding wages and payment for accrued but untaken statutory holiday where applicable.

9. Employee Support During Redundancy

{{org_field_name}} recognises that redundancy can have a significant effect on employees and will provide appropriate support throughout the process.

Support may include:

• information about internal vacancies and redeployment opportunities;
• assistance with identifying appropriate training or retraining opportunities;
• career guidance and support with CVs, job applications and interview preparation;
• signposting to appropriate employment, careers, financial or welfare support services;
• access to available employee assistance, counselling or well-being services; and
• information about redundancy payments, notice and other employment entitlements.

Statutory Time Off to Seek Work or Arrange Training

An employee who is under notice of redundancy and who will have completed at least two years’ continuous employment by the date their notice period ends is entitled, in accordance with the Employment Rights Act 1996, to request a reasonable amount of time off during working hours to:

• look for new employment; or
• make arrangements for training for future employment.

Requests will be considered reasonably, taking account of the employee’s circumstances, the length of their notice period and the operational requirements of the service. A request will only be refused where there are reasonable grounds for doing so.

The statutory entitlement to payment for time taken for these purposes is limited to the equivalent of 40 per cent of one week’s pay in total during the notice period, unless the employee’s contract or an applicable organisational arrangement provides a more favourable entitlement.

Managers must ensure that arrangements for time off are managed in a way that respects employees’ statutory rights while maintaining safe staffing levels and continuity of care for individuals using the service.

10. Appeals Process

Employees have the right to appeal redundancy decisions. The process includes:

• Submission of an Appeal: Employees must submit a written appeal within 7 days of receiving their redundancy notice.
• Review Panel Assessment: A designated panel, independent of the original decision-makers, will review the appeal.
• Final Decision Notification: A written outcome will be provided within 14 days.

11. Managing Redundancy and Maintaining Safe Service Delivery

Any proposed reduction in staffing will be assessed before implementation to determine its effect on the safety, quality and continuity of the regulated service.

{{org_field_name}} will ensure that redundancy arrangements do not result in staffing levels or skill mix falling below the level required to:

• meet the care and support needs of individuals using the service;
• support individuals to achieve their personal outcomes;
• comply with the service’s statement of purpose;
• provide reasonable continuity of care;
• maintain sufficient suitably qualified, trained, skilled, competent and experienced staff at all times; and
• comply with the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

Before implementing redundancies that materially affect staffing arrangements, the Registered Manager, Responsible Individual and service provider will review the proposed staffing establishment, skill mix, dependency and assessed needs of individuals, required management cover and any requirement for registered nursing staff.

Staffing levels and skill mix will continue to be reviewed during and after implementation of any redundancy programme and will be adjusted where necessary in response to the needs and circumstances of individuals using the service.

Where a proposed or actual workforce reduction prevents, or could prevent, {{org_field_name}} from continuing to provide the service safely, the service provider will notify Care Inspectorate Wales in accordance with the applicable statutory notification requirements and using the notification arrangements specified by CIW.

Where the redundancy programme changes the normal staffing arrangements or levels described in the service’s statement of purpose, the service provider will review the statement of purpose and comply with the applicable requirements concerning revision and notification of changes.

Appropriate contingency arrangements will be maintained throughout a redundancy programme to ensure that staff absence, vacancies or delays in recruitment do not compromise the safety or well-being of individuals using the service.

12. Responsibilities

Service Provider and Senior Management

The service provider and senior management are responsible for:

• approving and overseeing redundancy proposals;
• ensuring compliance with applicable employment legislation;
• ensuring that workforce changes do not compromise compliance with the regulated service requirements;
• ensuring sufficient resources remain available to provide the service safely and in accordance with the statement of purpose; and
• ensuring that appropriate professional employment or legal advice is obtained where required.

Responsible Individual

The Responsible Individual is responsible for maintaining effective oversight of the regulated service throughout any redundancy or restructuring process and for satisfying themselves that:

• the service continues to be managed safely and effectively;
• sufficient numbers of suitably qualified, trained, skilled, competent and experienced staff remain available;
• individuals’ care and support needs and personal outcomes can continue to be met;
• appropriate management arrangements remain in place;
• the service continues to comply with the Regulations and its statement of purpose; and
• any notification required to be made to Care Inspectorate Wales is made in accordance with the applicable regulatory requirements.

Registered Manager

The Registered Manager is responsible for:

• contributing to assessments of the operational effect of proposed redundancies;
• providing accurate information about staffing levels, skill mix, individuals’ dependency and care and support needs;
• implementing agreed consultation and communication arrangements;
• monitoring the effect of workforce changes on individuals and staff;
• ensuring safe staffing and appropriate deployment on a day-to-day basis; and
• escalating immediately to the Responsible Individual and service provider any concern that a redundancy proposal or resulting staffing position may compromise safe service delivery.

Human Resources or Person Providing HR Support

The Human Resources function, or the person responsible for providing HR support, is responsible for:

• supporting managers to follow a fair and lawful redundancy process;
• advising on consultation requirements and statutory timescales;
• supporting appropriate selection, redeployment and suitable alternative employment processes;
• identifying employees with statutory redundancy protection;
• ensuring statutory and contractual redundancy and notice entitlements are calculated correctly;
• supporting completion of any required HR1 notification; and
• maintaining appropriate records of the redundancy process.

Employees

Employees are expected to participate reasonably in consultation, provide relevant information where requested, consider appropriate alternatives to redundancy and raise any concerns about the process through the consultation or appeal arrangements.

13. Compliance with Welsh Care Service Regulation and CIW Requirements

Care Inspectorate Wales does not determine the employment-law procedure for redundancy. Redundancy decisions and consultation will therefore be managed in accordance with applicable employment legislation and this policy.

However, as a registered care home service, {{org_field_name}} must ensure that any redundancy or restructuring process does not cause the service to breach its regulatory obligations.

In particular, {{org_field_name}} will ensure that:

• the service continues to be provided with sufficient care, competence and skill;
• reasonable continuity of care is maintained;
• sufficient numbers of suitably qualified, trained, skilled, competent and experienced staff are deployed at all times, having regard to the statement of purpose and the care and support needs of individuals;
• where individuals require 24-hour nursing care, sufficient suitably qualified registered nurses continue to be deployed as required by the Regulations;
• the service continues to operate in accordance with its statement of purpose;
• any required revision to the statement of purpose arising from a change in normal staffing arrangements or service delivery is undertaken and notified in accordance with the Regulations;
• effective management and Responsible Individual oversight are maintained throughout any workforce change; and
• Care Inspectorate Wales is notified in accordance with the statutory notification requirements where an event, including insufficient suitable staffing, prevents or could prevent the service from continuing to be provided safely.

Records relating to workforce planning, staffing assessments, consultation decisions and the effect of redundancy arrangements on safe service delivery will be retained in accordance with applicable legal, regulatory and data-protection requirements.

14. Policy Review

This policy will be reviewed annually or updated in response to changes in employment law, CIW regulations, or organisational needs. Any amendments will be communicated to all employees.

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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}}
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