I am having to think about making redundancies at my business in order to reduce costs. I have a receptionist who works full time sitting at the front desk, answering the phone and greeting visitors to the business. I have decided that this is one luxury the business cannot afford. Clearly the phones will still need answering and the visitors will still need to be dealt with on arrival but it is intended that the secretaries will pick up this work in addition to their secretarial duties. Having spoken with the receptionist about this possibility, she has said that her job cannot possibly be redundant as the work is still there. Is this true?
The definition of redundancy is set out in the Employment Rights Act 1996. This provides that redundancy occurs when there is a business closure, a workplace closure, or (as here) where there is a reduced requirement for employees to carry out work of a particular kind or to carry out work of a particular kind at the place where the employee was employed to work.
As you are able to carry out the available work with fewer employees, you will fall within the third definition of redundancy outlined above.
It is a common myth that individuals cannot be made redundant if their work will still need to be done once they have gone. It is therefore possible to have a genuine redundancy situation even if the amount of work remains the same, or even increases, provided the employer needs fewer employees to do it.
In this situation, the proposed dismissal of the receptionist will be classed as a redundancy provided of course that you do not appoint a replacement to carry out her work. You should consider whether she is qualified to carry out the secretarial duties herself in order to make sure that the pool for selection for redundancy is not too narrow. Assuming she is unable to perform these duties, then you will need to begin proper consultation with her on an individual basis about her possible redundancy, any alternative employment you may have, and any other ways in which the redundancy might be avoided or mitigated.
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