Redundancy Procedures

For Employees:

If you are made redundant, there has to be a genuine business need for your redundancy and the redundancy process has to be carried out fairly. Going through a selection process can be distressing and it is helpful to have experienced solicitors on your side to advise you of your rights and ensure that you are being treated lawfully.

Your employer is required to give you the statutory minimum notice period of a forthcoming redundancy dismissal.  Some employers offer more generous notice periods, so check your contract of employment to see if this is the case.

The statutory redundancy notice periods are as follows:

• at least 1 weeks’ notice if you’ve been employed for between 1 month and 2 years
• 1 weeks’ notice for each year if you’ve been employed between 2 and 12 years
• 12 weeks’ notice if employed for 12 years or more

Redundancy means that you get dismissed from your job because the work that you carried out is no longer required or has significantly diminished.

However, before making you as an individual employee redundant, your employer has to be able to demonstrate that there is a genuine business need to reduce or do away with the work that you carried out. It should not be a ‘sham redundancy’.

They also have to take certain legally required steps in how they go about making redundancies – usually referred to as the ‘redundancy process’.

If they fail to do these things or do them incorrectly, then you may have a claim against them for unlawful practices, i.e., unfair dismissal and possibly discrimination.

As soon as you are placed at risk of redundancy, you should contact us. We will support you through the process and first asses whether there is a genuine business need for redundancy and whether to correct procedures are followed by your employer.

There must be a fair selection process for redundancy. It is illegal to select a person for redundancy because of their:

• Sex
• Race
• Age
• Sexual orientation
• Religion
• Disability

If your redundancy is fair, then the compensation you are entitled to will either simply be Statutory Redundancy Pay or possibly a more generous redundancy package offered by your employer. Where your employer has given you a settlement agreement, you will need a solicitor. We have particular expertise with settlement agreements as we understand what employers expect and have a head start when it comes to negotiating on your behalf. As a result, we often achieve significant improvements in the terms.

Whether you’re at risk of redundancy, or you’ve been selected, our team can help. Call us on 01444 708640 or contact us online in confidence.

For Employers:

Changes to your business may result in redundancies. For example, if a particular role is no longer needed, you may need to make an employee or group of employees redundant. We are here to help you restructure professionally and fairly.

Redundancy legislation is complex, and it is vital to follow the correct procedure. The Employment Rights Act covers both the obligations of the employer and the rights of the employee. If employers misunderstand the law, or don’t follow the correct procedures, they may be liable for unfair dismissal claims at an Employment Tribunal.

These requirements set down in legislation must be complied with. Failing to do so can allow employees to bring claims for a failure to consult with them. To help you meet the requirements for redundancy, our work might involve:

• Writing your business case to prove that cutting jobs is your only option;
• Crafting your redundancy process, ensuring that you follow the ACAS code of practice to prevent legal errors;
• Help you meet your legal duties, including seeing who qualifies for redundancy pay;
• Consulting with employees, to save you stress and ensure that everything is conducted professionally;
• Creating the right HR documents to reduce your risk of unfair dismissal claims.

We can provide you with supporting advice by email and telephone or in person, together with checklists, policies and legally compliant documentation to support you through the process and to protect your business from costly and time-consuming legal disputes and claims.

If your business is planning on restructuring and making necessary redundancies, it can be a daunting process as employers. However, with the help of our specialist team we can ensure that you follow the correct procedures and apply them fairly.