Redundancy may occur when a dismissal takes place mainly or wholly for one of the following reasons:
- The employer has ceased (or intends to cease) carrying on the work in which the employee was employed; or ceases (or intends to cease) carrying out the work at the place where the employee was employed, OR
- The requirements for employees to carry out work, of the particular kind in which the person concerned was employed, have ceased or diminished (or are expected to cease or diminish) either in the work as a whole or in the place where the person was employed.
For many employing bodies within the Methodist Church continuity of employment may depend on the availability of funding (e.g. through grants awarded by external bodies). If funding is no longer available to support a particular post or piece of work due to the end of a specific grant, and alternative funds cannot be found, a potential redundancy situation may arise.
Consultation process
Employers should consult with employees at the earliest opportunity.
In certain circumstances the whole workforce may be included in considerations about future employment. For example: A Circuit may employ three youth workers but due to changes in grant funding they may only have funds to employ two youth workers in the future. In this case all three youth workers must be included in the consultations and considered for the remaining two posts. Where a number of similar jobs are to be reduced the following example criteria may be applied:
- Proven abilities from current or previous employment
- Qualifications & Skills – formal appropriate qualifications / advanced skills
- Attendance Records though disability or maternity related absence should not be included
- Disciplinary Records (current offences only)
A procedure should be agreed whereby individuals are invited to apply for the remaining jobs and then interviewed against the requirements outlined in the job description and person specification.
Employers should advise employees of the criteria to be used and record the reasons for specific decisions.
To minimise the risk of discriminatory practices, when selecting individuals for redundancy employers must ensure compliance with the provisions of the Equality Act 2010, bearing in mind the following protected characteristics:
- age;
- disability;
- gender reassignment;
- marriage and civil partnership;
- pregnancy and maternity;
- race;
- religion or belief;
- sex;
- sexual orientation.
The District Lay Employment Secretary must be consulted in the first instance whenever there is a potential redundancy situation. The HR Department at MCH can assist with advice in complex cases.