Redundancy Lawyers
Are you concerned about redundancy?
Redundancy usually occurs when the job or one or more employees is no longer required by the employer. This may be because the employer needs to cut costs or make efficiencies, is moving to a different location, or because the employer is shutting down completely.
Employers must follow a fair procedure when deciding which roles are redundant. The exact process to be followed depends upon how many employees are being made redundant at the same time. All affected employees must be consulted throughout the redundancy process and the employer must consider whether there are any alternatives to compulsory redundancies.
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Statutory Redundancy Payment
All employees who have been in their job for two years or more are entitled to a statutory redundancy payment. Some employers also provide contractual or enhanced payments upon redundancy. Untaken holiday and notice must also be paid.
If you are an employer who needs to make redundancies, our team can make sure that you follow the correct procedure including how to select roles for redundancy, how to consult with the affected employees and how to calculate redundancy payments. Failure to follow the correct procedure may give rise to a claim for unfair dismissal.
If you are an employee who has been selected for redundancy, you may be given a settlement agreement, in which case we can provide independent legal advice. We can also advise if you feel that your selection for redundancy was unfair.
Employment Law Enquiry
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Frequently asked questions
If you're being made redundant and you're not happy with your settlement package, tell you solicitor what's happened. If they agree that there are grounds to increase your settlement, they will be able to negotiate on your behalf. Your solicitor will be able to tell you what's realistic and appropriate in your case.
An employee can still be made redundant whilst they are on maternity leave. However, this is only on the condition that the redundancy is dealt with entirely independently and that their pregnancy has absolutely nothing to do with the decision to make them redundant. So if, for example, a business is closing a particular office and relocating to an area which is perhaps, lets say, 300 miles away, then that would normally be a genuine redundancy because that particular office is closing. However, if there was a situation where numbers simply needed to be reduced in a department, an employer should make sure they consider which employees are at risk of redundancy and are subsequently made redundant on impartial, fair and balanced basis. If the absence of the particular employee on maternity or pregnancy leave is in any way forms part of their consideration, then it would potential be discriminatory and unlawful.
Mullis & Peake have a team in employment law ready to help you. Contact us online today or call us on 01708 784000.
Alternatively, request a call back to have one of our experts contact you at a time that suits.
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Holly is a Member and Head of Mullis and Peake’s Dispute Resolution Department
Martyn is our Chairman and the firms' Compliance Officer for Legal Practice
