Redundancy Issues

Being made redundant can be a daunting time for any employee. Redundancy situations must be handled carefully and a fair procedure should be followed by your employer to avoid unfair dismissal claims.

Our team of specialist employment law solicitors offer guidance and advice regardless of what stage the redundancy process is at; from initial advice if you are concerned that your role is or could be at risk of redundancy, to advice during any consultation process, advice on the procedures to which your employer should be adhering to, advice on any claims that you may have against your employer, including unfair dismissal and ultimately representation in the employment tribunal if the parties are unable to negotiate or mediate a satisfactory outcome.

Frequently employers are providing redundant employees with a comprise agreement in order to avoid potential claims being pursued against them. We can provide independent legal advice on the compromise agreement and, if requested, negotiate more favourable terms on your behalf.

The meaning of "redundancy"

An employee's dismissal must be "wholly or mainly attributable to" one of the following:

"business closure"
"workplace closure"
"reduced requirement for employees"

The redundancy procedure

A fair redundancy procedure requires the following:

Consideration as to whether it is possible to avoid the need for redundancies e.g. by restricting recruitment, considering alternative employment, voluntary redundancy, or restricting overtime
A correct pool of employees from whom the redundancies will be chosen
Consultation with employees over a reasonable period of time discussing ways of avoiding redundancy
Selection criteria must be objective rather than subjective
Select based on fair application and marking of the criteria
Any suitable alternative employment for potentially redundant employees should be considered
The right of appeal

Right of Accompaniment

Employees have the right to be accompanied (by a trade union representative or colleague) at any meeting which may lead to their dismissal.

Statutory redundancy payment ("SRP")

Employees with a least two years' continuous employment are entitled to a SRP if they are dismissed by reason of redundancy. This is calculated according to age and length of service and subject to the minimum weekly pay currently set at £430.00.

Contact our Employment Law specialists for advice now.

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