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{{org_field_name}}
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:
- Ensure fair and legal redundancy processes while minimising distress to employees.
- Comply with statutory requirements and avoid discrimination.
- Support affected employees through career transition assistance, emotional well-being support, and alternative employment opportunities.
- Maintain the quality of care provided to service users during workforce changes.
- Ensure effective communication throughout the redundancy process.
2. Scope
This policy applies to:
- All employees of {{org_field_name}}, including permanent and fixed-term employees, where a redundancy situation arises.
- Managers and HR personnel responsible for planning, consulting on or implementing proposed redundancies.
- Recognised trade unions, elected employee representatives and other appropriate representatives where collective consultation legislation applies.
- Agency workers only to the extent that they are affected operationally by a proposed restructure or where information concerning agency workers must be provided as part of statutory collective consultation requirements. Agency workers will not automatically have the same statutory redundancy rights as employees of {{org_field_name}}.
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:
- Employment Rights Act 1996 – including statutory redundancy payments, notice requirements, suitable alternative employment, trial periods in alternative employment, rights to reasonable time off to seek work or arrange training where the statutory qualifying conditions are met, and protection against unfair dismissal.
- Trade Union and Labour Relations (Consolidation) Act 1992 – including statutory collective consultation and notification requirements where the relevant thresholds for proposed redundancies are met.
- Employment Rights Act 2025 and regulations bringing its provisions into force – including applicable changes to collective redundancy law and remedies for failure to comply with collective consultation requirements.
- Equality Act 2010 – redundancy selection, consultation, redeployment and dismissal decisions must not unlawfully discriminate because of a protected characteristic.
- Protection from Redundancy (Pregnancy and Family Leave) Act 2023 and associated regulations, including the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024, together with subsequent applicable family-leave legislation – employees within a statutory redundancy protected period must be given the legally required priority for any suitable alternative vacancy.
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, where {{org_field_name}} carries on a CQC-regulated activity, including:
- Regulation 17 – Good governance.
- Regulation 18 – Staffing.
- Care Quality Commission (Registration) Regulations 2009, including applicable statutory notification requirements where organisational or staffing changes trigger a prescribed notification.
- Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) – personal information relating to redundancy proposals, consultation, selection and dismissal must be processed lawfully, fairly, securely and only for appropriate purposes.
{{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:
- Organisational restructuring to improve efficiency.
- Financial constraints impacting workforce requirements.
- Reduced demand for services, leading to a need for fewer employees.
- Changes in CQC regulations requiring operational adjustments.
- Technological advancements, reducing the need for specific roles.
5. Redundancy Management Process
5.1 Early Planning and Risk Assessment
- Conduct workforce impact assessments to determine potential redundancies.
- Explore alternatives to redundancy, such as retraining, redeployment, or job sharing.
- Assess the impact on service users and ensure continuity of care.
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:
- There is no statutory minimum 30-day collective consultation period.
- Affected employees will be individually consulted before a final decision to dismiss for redundancy is made.
- Consultation will take place while proposals remain capable of being influenced.
- Employees will be informed of the reasons for the proposed redundancy, the proposed selection process where applicable, alternatives being considered and any suitable alternative employment.
- Employees will be given a reasonable opportunity to ask questions, make representations and propose alternatives to redundancy.
- Representations made during consultation will be genuinely considered before a final decision is reached.
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:
- representatives of a recognised independent trade union where applicable; or
- properly elected employee representatives where there is no recognised trade union entitled to be consulted.
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:
- ways of avoiding the dismissals;
- reducing the number of employees to be dismissed; and
- mitigating the consequences of the dismissals.
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:
- pregnancy;
- maternity leave;
- adoption leave;
- shared parental leave;
- neonatal care leave or other legally protected family leave;
- pregnancy-related absence;
- disability-related absence without appropriate consideration of the Equality Act 2010 and reasonable adjustments;
- trade union membership or activities;
- whistleblowing or other protected disclosures; or
- exercise of another statutory employment right.
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:
- when the redundancy proposal arose;
- the number and location of proposed redundancies;
- how the statutory collective consultation threshold was assessed;
- the identity of the appropriate employee representatives;
- the information provided to representatives;
- the date collective consultation commenced;
- representations received and the organisation’s responses;
- measures considered to avoid redundancies, reduce the number of redundancies or mitigate their consequences; and
- where applicable, submission of the required HR1 notification to the Redundancy Payments Service.
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:
- Statutory redundancy pay for employees who satisfy the statutory eligibility requirements, including the required period of continuous employment. The amount will be calculated using the statutory rules and limits in force on the effective date of termination.
- A written statement explaining the amount of statutory redundancy pay and how it has been calculated.
- Contractual or statutory notice, whichever provides the employee with the greater legal entitlement, or payment in lieu of notice where this is contractually permitted or otherwise lawfully agreed.
- Payment for accrued but untaken statutory and contractual annual leave due on termination.
- Any outstanding wages or other contractual sums properly due.
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:
- look for new employment;
- apply for employment;
- attend interviews where appropriate; and
- arrange or undertake training to assist them in obtaining future employment.
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:
- CV preparation;
- interview preparation;
- career guidance;
- information about vacancies;
- access to local employment services; and
- information about relevant training opportunities.
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:
- the nature of the work;
- the employee’s skills, qualifications and experience;
- pay and contractual benefits;
- status and responsibility;
- hours of work;
- working arrangements;
- location; and
- the employee’s individual circumstances.
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
- Senior management must provide regular updates on workforce changes.
- Employees will receive written confirmation of redundancy decisions.
- Confidential discussions will be held with individuals before public announcements.
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:
- before individual notices of dismissal are issued;
- at least 30 days before the first proposed dismissal takes effect where 20 to 99 redundancies are proposed; and
- at least 45 days before the first proposed dismissal takes effect where 100 or more redundancies are proposed.
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:
- assess the number, competence, qualifications, skills and experience of staff required to meet people’s assessed needs safely;
- assess the effect of the proposed changes on staffing levels, skill mix, supervision, leadership and emergency cover;
- identify risks to the health, safety and welfare of people using the service;
- put appropriate measures in place to remove or mitigate identified risks;
- maintain sufficient numbers of suitably qualified, competent, skilled and experienced staff to meet the requirements of Regulation 18;
- ensure that staff remaining in post have the necessary training, competence, supervision and support to perform any changed duties;
- ensure appropriate handovers and continuity arrangements where employees leave the service; and
- keep appropriate records of the assessment, decisions, identified risks and actions taken.
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
- HR will conduct a redundancy impact review to assess:
- Effectiveness of redundancy management.
- Quality of support provided to employees.
- Any lessons learned for future workforce planning.
9.2 Employee Feedback
- Affected employees will be asked to provide anonymous feedback on:
- The fairness of the process.
- The effectiveness of career support provided.
- Any areas for improvement in redundancy handling.
9.3 Policy Updates
- This policy will be reviewed annually to ensure ongoing compliance with employment law and CQC standards.
- Updates will be communicated to all staff, HR teams, and managers.
10. Related Policies
- Equality, Diversity, and Inclusion Policy
- Staff Well-being and Mental Health Policy
- Training and Development Policy
- Recruitment and Selection Policy
- Safeguarding Policy
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}}
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