How to conduct the redundancy dismissal hearing

The redundancy dismissal hearing is a formal meeting where the recommendation for redundancy is considered and a final decision made as to whether the employee is to be dismissed on these grounds.

The hearing should follow on from the appropriate period of consultation having applied fair selection criteria to identify the employee to potentially be made redundant. The meeting should be conducted in a fair, professional and sensitive manner.

This is usually led by the Headteacher, Chief Executive Officer, or panel of Governors/Trustees, in accordance with the policy and Scheme of Delegation. At this point, the Headteacher/panel may have an HR Adviser from EPM present practical advice and guidance through the hearing and during deliberations after.

The employee is invited to attend the hearing, at which they have the right to be accompanied by a trade union representative or workplace colleague.

This hearing provides an opportunity for the redundancy process, along with the rationale and selection, to be scrutinised and for the employee to make their representations openly for consideration.

The hearing would normally follow the steps outlined below:

• The Senior Manager, who has made the provisional selection for redundancy, presents the case
• The summary is likely to include:
   
  • the reasons for redundancy
  • the process followed, including the consultation period and the selection criteria applied
  • alternatives to redundancy.

• The Senior Manager takes questions from the Headteacher/panel and the employee/trade union representative.

Presenting the employee's case

• The employee, or their trade union representative, makes representations to the Headteacher/panel

• This may include:
   
  • concerns about the process
  • challenges of the selection process
  • questions about alternatives to redundancy.

• The employee or their representative can call witnesses, or provide witness statements, to support their case
• They then take questions from the Headteacher/panel and the Senior Manager.

Summary

• This is an opportunity for both parties to summarise their case

Decision

• The hearing is adjourned

• The Headteacher/panel consider the representations and determine whether the provisional selection for redundancy is fair and reasonable

• The Headteacher/panel can either support a redundancy recommendation or refer the matter back to the Senior Manager for further consideration

• The Headteacher/panel will normally confirm verbally the decision that has been reached.

Following the hearing, the employee will be given written notice of their dismissal on the grounds of redundancy. This will adhere to policy timescales and should inform the employee of their right of appeal. If an appeal is pursued, this should be considered by a different panel that have not had any prior involvement.

Throughout the process, the employer has a duty to seek suitable alternative employment for employees who are at risk of redundancy or serving redundancy notice.

If you’re looking for support with managing redundancies or would like to learn more about our model policies and letters, along with relevant training, please talk to us.