Thread regarding DXC Technology layoffs

Who should be in a redundancy selection pool?

If you are in a unique role, there is no requirement for a selection pool. Similarly, there is no requirement for a selection pool if your employer closes its whole business (although there may be a requirement for a pool where an employer closes just one of its sites).

An employer otherwise does have a degree of flexibility when deciding on the redundancy pool, however it must act reasonably. In fact tribunals are entitled to scrutinise carefully the reasoning of an employer to determine if it has “genuinely applied its mind to the issue of who should be in the redundancy selection pool”. Assuming an employer has so genuinely applied its mind, it will be difficult, but not impossible, for an employee to challenge its decision. For example, a pool of one employee has been held to be unfair where there were other employees doing the same role.

The following factors are considered reasonable (and in some cases expected),when an employer is determining a selection pool:

Employees should undertake the same or similar roles. The roles carried out by the employees in the pool do not, however, have to be identical. Employees carrying out similar roles should only be excluded if there is good reason to do so. For example, an employer that is making redundancies from its secretarial staff may act unreasonably by excluding other administrative staff from the selection pool where the duties of those job roles are similar or overlap.

Employees should be included where they undertake the same or similar roles in different parts of the business or on different shifts, unless there is good reason to excuse them.

Consideration should be given to whether or not there are employees who undertake the same or similar roles at other sites. Even where a business site closes down, it does not mean that only the employees who worked at that site should be included in the pool. If there are other sites in close proximity and an employee is either contractually bound or willing to voluntarily work at the other sites, then employees from both sites should be included unless there is good reason not to do so.

Is the work that employees are carrying out interchangeable? The pool does not need to be limited to employees doing the same or similar work. If an employee can easily carry out the duties of a different role (or perhaps has done so in the past),then the selection pool could be held to be too restricted if it does not include those interchangeable roles.

A selection pool may have to include those who are working for “Associated Employers”.

Section 139(2) of the Employment Rights Act 1996 states that the business of the employer together with the business or businesses of associated employers shall be treated as one for the purposes of determining whether or not a redundancy situation exists. Two employers are associated where one company is controlled by the other (whether another company or an individual) or if both companies are controlled by a third party (s.231 of the Employment Rights Act 1996).

Accordingly, the pool for selection should not necessarily be limited to the employees of the company where there is the need for redundancy, but also to include employees working in associated companies who carry out the same or similar role.

if you work at DXC and do not know UK redundancy rights and process.. you must be in a dream world.

also uk give a pathetic bonus to take voluntary to cover up the compulsory numbers. When your on way out and have family to feed.. you take the extra scraps..

SCUMMMMMMM

Oh DXC will indeed comply with their legal obligations, but that doesn't preclude Dilbert-like notions like redundancy pools consisting of a single employee...

DXC follow that guide so nobody needs to panic there. They might be scum but this is government legislation, they won’t f--- with that.

Your employer needs to take the following steps to ensure the redundancies are ‘fair’:

Employees need to be informed of proposed redundancies. The Trade Union and Labour Relations Act 1992 requires employers with 20 or more staff to inform and consult relevant union or employee representatives about their proposals before they are implemented – this is called Collective Consultation.

Your Employer must undertake Consultation, with the ‘affected employees’ (or their representatives) with a view to ‘reaching agreement’. Individual consultation (that follows collective consultation where this is required) should take place before any redundancy dismissals are confirmed. Consultation is not negotiation, but the communication your Employer has with you about Redundancies – it must be more than just an announcement and they should consider alternative ideas to redundancy (e.g. voluntary redundancies, reducing pay, reducing hours, job sharing etc.) and explain their decisions to you.

Consultation should be completed before any redundancy notices are issued.

Employers proposing to dismiss 20 or more employees must complete a 30-day consultation period; where a 100 or more redundancies are proposed this rises to 90 days (this will be reduced to 45 days from 6th April 2013). If Employers fail to follow this process, employees may be entitled to a ‘protective award’. In the long-running ‘Woolworths’ case, in May 2015 the European Court of Justice, judged that the requirement for collective consultation is triggered only when the employer proposes 20 or more redundancies at one establishment (and not across the whole of the business/across seperate premises).

Your Employer must select those who are at risk of redundancy in a fair way (this is called defining the redundancy ‘pool’ – for example an appropriate pool might be the employees who carry out the kind of work which is reducing or who work at the side that is proposed for closure) – the factors they use in deciding who stays and who goes must be fair and not discriminatory. The selection criteria should include skills, qualifications, training, experience, attendance, time-keeping, disciplinary records, future potential, flexibility and performance. You can read about how disabled staff should be treated during a Redundancy exercise here. Recruitment style assessment centres may be appropriate in some large-scale redundancy exercises. Input from Manager’s who have experience of working with the employees should be included as one of the factors as should appraisals.

They must consider offering you any alternative work that is available and suitable. See our new article here with more details about ‘suitable alternative employment’ – what is it, when does it apply, do you have to take it………..

They must pay you your Statutory Redundancy Pay entitlement.

Without all these steps being taken your Redundancy could be seen as an Unfair Dismissal by an Employment Tribunal.