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 employment lawyers can 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 settlement agreement in order to avoid potential claims being pursued against them. We can provide independent legal advice on the settlement agreement and, if requested, negotiate more favourable terms on your behalf.
An employee’s dismissal must be “wholly or mainly attributable to” one of the following:
“Reduced requirement for employees”
A fair redundancy procedure is likely to include 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
Employees have the right to be accompanied (by a trade union representative or colleague) at any meeting which may lead to their dismissal.
Employees with at least two years’ continuous employment are entitled to a statutory redundancy payment (‘SRP’) if dismissed by reason of redundancy. An employee will receive
half a week’s pay for each full year under the age of 22
one week’s pay for each full year between 22 but under 41
one and half week’s pay for each full year over the age of 41
Length of service is capped at 20 years.
If an employee is made redundant on or after 6 April 2021, their weekly pay is capped at £544. The maximum statutory redundancy pay is currently £16,320.00.
You can calculate your statutory redundancy payment here.
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