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HR tip: Misuse of redundancy because a person isn’t good at her job

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.


Question:

"We want to let a person go who is not very good at her job, so propose to make her redundant. Any problems with this?"

HR tip:

Yes indeed. You may make her redundant only if the work she does no longer needs to be done and you cannot accommodate her elsewhere in the organisation. If you make her redundant and she claims against you, the court will try to ascertain the real reason for her dismissal and, if it finds that it was not genuine redundancy, it will make a finding of unfair dismissal. If she is not good at her job you must deal with her under your discipline or capability procedure as appropriate.

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