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Redundancy Legal Advice: A Guide for Businesses

Calendar January 25, 2021

Do you need a solicitor for redundancy?

If you have been made redundant and are eligible for a redundancy, and your employer has taken out a correct redundancy procedure you do not need a solicitor for redundancy. If you feel as if the process is unfair and the correct statutory procedures were not followed, you may need a solicitor.

What is the correct procedure for redundancy?

There are a number of steps of the redundancy process that need to be followed and a number of aspects that need to be followed. There are:

Assess and avoid

These first steps are to work out how many staff may need to be made redundant and how this can be avoided. The aim is to avoid having to make any compulsory redundancies. You can look at whether staff are willing to take voluntary redundancy or early retirement. There are many other aspects you can look into such as cutting wages, alternative roles etc.

If your redundancy is unavoidable then you should start consulting your staff. You would need to always make sure that your staff are aware. Failure to do could lead to them claiming for an unfair dismissal.

The amount of statutory notice that you give them would depend on how long the staff members have been with your company. This tends to be between one and twelve weeks.

The last step would be to calculate how much would staff be entitled to in terms of redundancy payment. This would be based on several criteria:

  • They must have a contract with your business
  • They need to have at least two years’ continuous service at your business
  • They must be being dismissed or laid off

Redundancy can be offered to employees if staff have not had two years of continuous service but this would be at the employers discretion as this is not mandatory.

What are my rights if I am made redundant?

  • If you have been in continuous employment for two years:
  • You are entitled to a fair process
  • Your right to a minimum notice period
  • Your right to a consultation period
  • Statutory redundancy payment
  • You also have specific rights if your employment is insolvent.

You must be selected for redundancy in a fair way for example your level of experience and capability. You cannot be selected if you are disabled or because of your sex, race etc. As this will constitute an unfair redundancy.
Your right to time off and look for alternative work

How can a redundancy solicitor help me?

The solicitor can advise whether the redundancy has been handled in the right manner and whether you have a case that can be taken to the employment tribunal. A solicitor could help to negotiate a favourable exit package for you. They will be able to check if the correct procedures were undertaken and whether your redundancy was based on appropriate grounds.

When to contact a redundancy solicitor?

If you are at a risk of redundancy or have been made redundant and are not aware of the laws to ensure that you are unfairly treated this would be the best time to get in contact with a solicitor. Speaking to a solicitor may save your job or help you receive the redundancy payment that you would be eligible for or help you claim for a redundancy.
For more redundancy advice, contact KLG, an employment law firm who specialise in employment law services. Contact us today for more information or ring 0330 221 0684.


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