A tough fight for business survival

By Geraldine McGahey OBE, Chief Commissioner, Equality Commission for Northern Ireland
Published 21st Jul 2020, 17:00 BST
By Geraldine McGahey OBE, Chief Commissioner, Equality Commission for Northern IrelandBy Geraldine McGahey OBE, Chief Commissioner, Equality Commission for Northern Ireland
By Geraldine McGahey OBE, Chief Commissioner, Equality Commission for Northern Ireland
Sad to say, as the Covid-19 pandemic enters another phase, we are seeing waves of redundancies across the UK, and Northern Ireland is not immune.

Businesses are having to adapt to an unparalleled threat to public health, new practices and procedures and a changed business landscape post-lockdown.

In a tough fight for business survival, it is clear that, however regrettably, some employers will need to make staff redundant.

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Having to make staff redundant is not easy, and the conversations you have with staff about redundancy are likely to be amongst the most difficult of an employer’s life.

It’s important to understand that all of the duties, procedures and rules relating to equality law that apply in ‘normal’ times continue to apply now. As you would plan and prepare carefully when considering redundancies in normal times, you should do the same now. It is not a legal requirement to have a redundancy policy, but if you have one and it is clear, comprehensive and up to date, it will be invaluable guiding your actions and explaining processes to staff. You will find that using your ‘soft skills’ in communicating, sharing, listening and explaining is crucial. Decisions and processes have to be explained and you should record them and keep track of them in case you are challenged.

In general, if you comply with employment law in planning and implementing redundancies in your business, you will be meeting the requirements of equality law. This is because of some key words which are at the heart of lawful redundancy processes - ‘fair’, ‘objective’, ‘unbiased’ and ‘consistent’.

These are important principles and making genuine efforts to ensure you meet them will help you to comply with your duties under the Employment Rights (NI) Order 1996 as well as the equality and discrimination laws.

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