If your business is contemplating making redundancies or you are at risk of redundancy, our Employment Solicitors and Barristers can guide you through the complicated area of redundancy law and procedure.
Our team are experts on the rules relating to redundancy and can give clear guidance and support. If you have redundancy-related questions you should seek legal advice as soon as possible so you understand the next steps and options.
Initial Telephone Discussion
Our team provides the full range of redundancy advice for employers and employees and can advise on matters such as:
- Is there a genuine redundancy situation
- Alternatives to redundancy
- Compulsory or voluntary redundancy
- Consultation obligations whether individual or collective
- Redundancy pools
- Redundancy selection processes
- Redundancy payments, including statutory and voluntary payments
- Settlement Agreements
- Tribunal representation
An employer must follow the correct procedure when making redundancies. Failure to do so results in delays in the redundancy process, employment claims, reputational damage for an employer and additional stress and demoralisation for the whole workforce.
The redundancy process depends on the number of employees who are at risk of redundancy. If an employer intends to make 20 or more employees redundant in a 90-day period, the employer must hold a consultation period for all affected employees and recognised trade union representatives.
It is vital that employers carefully consider the pool of candidates for redundancy and ensure the pool is not too wide or narrow. The redundancy pool and selection process for redundancy should not discriminate against categories of workers. For example, a redundancy selection criterion of ‘attendance at the workplace’ may not be appropriate when some of the at-risk employees work from home. Careful consideration must also be given to the weight to be applied to specific selection criteria.
When looking at redundancies, an employer has to consider whether there are suitable alternative roles.
The redundancy process raises questions for both employers and employees. An employer must get the redundancy process right and an employee should understand the process, even if they understandably do not agree with it or their potential selection.
The redundancy process involves decision-making by both employer and employee so an employee needs to know their Employment Law rights to understand if there is a genuine redundancy, if they can object to the selection criteria or redeployment and, of course, whether they will be entitled to a redundancy payment and the amount.
Employee Redundancy Rights
If an employee is facing redundancy, they have employment rights, including:
- Genuine Consultation
- Notice period
- Redeployment consideration
- Redundancy pay – an employer is obliged to pay statutory redundancy pay if an employee has been employed for 2 years or more
- If the redundancy is connected to a business transfer or change of employer then there may be TUPE issues
Redundancy payments can vary widely depending on whether an employer is paying statutory redundancy pay or electing to make larger or enhanced payments. Employees may also be able to claim payment of unpaid wages or other contractual monies owed. For example, bonus, commission, overtime or travel expenses.
To secure a redundancy payment, the redundant employee must have been employed for two years or more. If an employee is not sure of their employment start date it is important to check the employment contract and any relevant TUPE arrangement.
Whatever the nature of your redundancy and Employment Law queries, our dedicated team of Employment Solicitors and Barristers are here to guide you through the redundancy process, so employers understand their responsibilities and employees know their rights and remedies. Whilst redundancy is a horrible process for all involved in it, having a team of Employment Solicitors and Barristers to help support you and explain it to you takes some of the stress out of the situation.
Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.
How to get in contact
Our Employment Law Solicitors are on hand to provide expert advice and assist you wherever you are based. Please call us for a no-obligation, initial discussion on 01256 460830 or email [email protected].
Our offices are based in Basingstoke and we assist clients across the country.
We aim to keep legal jargon to a minimum and guide you through the process in a manner that is easy to understand.
Our highly-skilled solicitors offer tailored, strategic solutions to even the most complex matters, ensuring you receive the guidance and support you need.
We will be by your side throughout every stage of the process and will provide you with regular updates and advice along the way.
We communicate thoroughly with you from the outset to ensure that we fully understand your individual needs. This allows us to accurately quote for your matter leaving you without any unexpected surprises and fees further down the line.
We provide our clients with a concise and transparent breakdown of costs from the outset of the matter and throughout any subsequent stages. This enables you to build faith and trust in us early on to form a lasting relationship.
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