The Work Couch: Performance issues in a redundancy situation

Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.

However well-planned your redundancy process is, there are a number of issues that can really throw a spanner in the works: from employees submitting grievances or making data subject access requests, to historical underperformance issues that haven’t been dealt with properly.

So how do employers tackle these thorny issues?

Ellie Gelder talks to Charlotte Bray, associate in RPC's Employment, Engagement and Equality team, about:

• How the law defines a "genuine" redundancy situation and why the legal definition is so important;
• What a fair redundancy procedure looks like;
• Collective redundancy consultation obligations;
• Discrimination risks, whistleblowing and legacy rights;
• Dealing with data subject access requests submitted during the redundancy process;
• A hypothetical scenario involving an underperforming employee who is selected for redundancy: What are the red flags? What should the employer have done differently?
• Protecting people's wellbeing throughout a redundancy process and bearing in mind the potential impact on mental health; and
• Key practical takeaways for employers embarking on a redundancy process.

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All information is correct at the time of recording.  

The Work Couch is not a substitute for legal advice.