The importance of following correct procedures when making someone redundant

March 15, 2022

A recent decision of the WRC is a stark reminder to employers of the importance of fair procedures when terminating employment, even where a genuine redundancy situation exists and where the Adjudicator agrees that any appeal against the decision to make the position redundant is likely to be wasted.


The employee was a sales executive for the respondent company which provides international finance and IT services to businesses in the public and private sectors. The employee was made redundant following a decision by the company to close its sales operation in Dublin due to high costs, and the closure of the sales operation was to “generate cost savings and regain stability for the group.” The Company outlined there had been declining profits associated with the Dublin part of the business since 2017.


The Employee, in his evidence, outlined that in April 2020 he was invited to a Microsoft Teams Meeting, the purpose of which was unknown to him. At the meeting, which the employee said only lasted 10 minutes, the company’s Managing Director informed him that his job was redundant, as the Irish business was unprofitable, and that the decision had been made “centrally.”


The Adjudicator Officer in their decision said “I accept the explanation of the respondent witnesses that they closed down the sales operation in Dublin…I find that this explanation clearly falls within the definition of redundancy…I accept that his job was redundant wholly or mainly due to the closure of the business. While I am satisfied that the job the complainant was employed to do was Redundant, it does not follow that his dismissal was not unfair.”


The Adjudicator found that, in the context of redundancy, reasonableness on the part of the employer means treating the employee with respect and fairness, and noted it was regrettable the company did not act with more respect by informing him of the nature of the meeting; not engaging in relation to identifying any suitable alternative roles; not extending his notice period or treat him the same way as his manager, who was also made redundant.

The Adjudicator awarded the employee €120,000, which equated to a year’s salary as it took him a year to find a new position, taking account of the complainant’s redundancy lump sum payment of €19,152.


NOTE FOR EMPLOYERS: Employers should be mindful that despite the fact that there might be a genuine redundancy at play, the employer must still have regard for the employees’ rights and follow a fair and reasonable procedure in relation to the redundancy.


View full case details here; https://www.workplacerelations.ie/en/cases/2022/january/adj-00029093.html


For more information on fair procedures during the redundancy process, contact our office today on (01)8870690 or info@mssthehrpeople.ie


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CPD-accredited training is independently assessed and verified to ensure that it meets industry standards for learning outcomes, relevance, structure, and delivery. Accreditation confirms that the training is not just informative, but valuable, impactful, and capable of contributing meaningfully to a participant’s professional development. In short, CPD accreditation is a mark of quality - and we’re delighted to now carry it. What CPD Accreditation Means for Us Becoming a CPD-accredited provider is a significant validation of our work. It’s more than a badge or certificate - it’s recognition from an external body that our training: Delivers clear learning outcomes Meets the expectations of professional development standards Is structured, well-presented, and aligned with current best practices Is designed with real-world application in mind For our team, this accreditation reinforces the integrity of our training content and confirms that the learning we provide is of the same high standard expected by national and international professional organisations. It also shows that we take our role as HR educators seriously. Whether we’re delivering workshops on employment law compliance, HR policies, or best-practice recruitment and onboarding, we are doing so in a way that stands up to scrutiny, offers measurable learning outcomes, and contributes to the continuous upskilling of our clients. What It Means for Our Clients and Training Participants CPD accreditation matters because it gives our clients confidence - not just in what we teach, but in how we teach it. Whether you're an SME owner trying to stay compliant, a people manager learning how to lead teams effectively, or an HR professional seeking to grow your knowledge base, attending a CPD-accredited session with MSS brings many advantages: 1. Assurance of Quality With CPD accreditation, clients know that our training is rigorously vetted. You’re not just taking our word for it - an independent body has confirmed that the training you’re investing in meets a high standard of professional learning. 2. Tangible Professional Development For individuals building their careers or maintaining professional memberships, CPD points or hours gained through our training can be recorded as part of formal CPD logs. This is especially relevant for HR professionals, business owners, and line managers who must show ongoing learning as part of their industry obligations. 3. Enhanced Employer Credibility Businesses that invest in CPD-accredited training show their teams and stakeholders that they care about learning, improvement, and staying up to date. It’s a positive reflection on company culture and helps improve employee engagement and retention. 4. Peace of Mind Around Compliance From Inclusive Leadership, Dignity at Work and Managing Difficult Behaviours, our accredited training ensures that you and your team are not only aware of your responsibilities but are applying them correctly. That means fewer risks, fewer mistakes, and a more confident leadership approach across your organisation. 5. Career Progression for Attendees Participants who undertake CPD-accredited training can use it to build their professional profile, apply for promotions, or demonstrate ongoing learning to regulatory or membership bodies. It helps turn learning into career momentum. A Mark of Trust for the Future At MSS - The HR People, we’ve always believed that training should be more than a tick-box exercise. It should inspire new ways of thinking, give people the tools to do their jobs better, and create lasting value for the businesses we support. Being CPD-accredited adds another layer of trust for our clients. It shows that we’re not just offering what’s popular or convenient - we’re offering what’s recognised, verified, and of real value. As we look ahead, CPD accreditation allows us to expand our training offering with confidence. From one-hour sessions and lunch-and-learns to multi-day workshops and tailored in-house programmes, all our CPD-accredited training will continue to be: Grounded in practical, real-world HR expertise Updated regularly to reflect changes in law and best practice Delivered in an accessible, engaging format that suits busy teams Backed by independent quality assurance Let’s Grow Together Whether you’re new to HR responsibilities or managing people across multiple departments, learning is essential. With CPD-accredited training from MSS - The HR People, you’re guaranteed a high-quality learning experience that’s both professionally recognised and immediately useful in your role.  Contact us today to find out more about our CPD-accredited training programmes or visit www.mssthehrpeople.ie/hr-training for more details.