What is an At Risk of Redundancy Notification?
Those at risk of redundancy must be informed in writing and consulted by the employer as soon as possible. Crucial to the consultation process is discussing with the employee why the redundancy is necessary and exploring ways to avoid it. This template will help facilitate those conversations.
First Steps in the Redundancy Process
The first step in the redundancy consultation process is to announce any operational changes. These can be made verbally, or in writing – like with an ‘At Risk of Redundancy’ Notification. You should inform your staff that you will be meeting with them individually to discuss the situation. This announcement should address:
Avoiding Unfair Dismissal Claims
In addition to having a real reason for the redundancy, employers must ensure the redundancy is “genuine“. This is relevant to employees who may be able to bring an unfair dismissal claim under the FW Act. A redundancy will be genuine if:
- The employer has complied with consultation obligations; and
- The employer has explored reasonable redeployment opportunities for the employee.
Where you are considering making a role redundant and the employee that performs the role is covered by a modern award or enterprise agreement, you must comply with any obligations under those instruments to consult about the risk of redundancy. If the employee is not covered by a modern award or enterprise agreement, you are not required to consult with the employee in relation to the redundancy.