At each stage of the redundancy procedure, employers are under intense scrutiny to meet stringent legal requirements. Employers need to follow the law and treat workers in accordance with their rights.
Failure to follow a correct and lawful procedure will be detrimental to employee-employer relations and can potentially expose the organization to expensive and time-consuming Employment Tribunal claims.
Is my redundancy legal?
Employers need to meet the following requirements to ensure redundancies they make are lawful:
- Advanced warning
The employer must inform all employees who are at risk of redundancy of the possibility of redundancy. This includes employees on maternity or sick leave.
- Selection pool
The employer should draw up selection criteria and ensure all employees are assessed objectively. This is to avoid any potential discrimination claim.
- Consultation stage
Employers must consult with all employees who could be affected by the redundancy. If an employer plans to make more than 20 employees redundant in a period of 90 days; the employer is under a duty to carry out collective consultations. The employer cannot give notice until they have completed the consultation stage.
- Alternative roles
Employers must demonstrate they have made a genuine effort to find other suitable roles for the employees in question. These alternative roles can be within the same company or within an associate company if the employer operates a group of companies.
- Settlement Agreements
The parties will enter a settlement bringing the employment period to an end. The agreement must be fair and both parties should act reasonably given the circumstances.
If the employer does not follow these steps, they risk exposing themselves to unfair redundancy claims.
What is Statutory Redundancy Pay?
You are usually entitled to statutory redundancy pay if you are an employee and have been working for your current employer for two years or more. Your statutory redundancy pay is calculated based on your age at redundancy and the number of full years worked.
Was the redundancy selection process fair?
You cannot be selected for the following reasons, or else your redundancy may be classed as an unfair dismissal:
- gender reassignment
- marital status
- sexual orientation
- religion or belief
- your membership or non-membership of a trade union
- health and safety activities or taking action on health and safety grounds
- working pattern, for example part-time or fixed-term employees
- maternity leave, birth or pregnancy
- paternity leave
- exercising your statutory rights
- whistleblowing, for example making disclosures about your employer’s wrongdoing
- taking part in lawful industrial action lasting 12 weeks or less
- participating in jury service
If you believe that you have been selected unfairly for redundancy, you may be able to bring a claim in the Employment Tribunal. Contact our office today to seek advice on your position for unfair redundancy and unfair dismissal claims.
Why Adam Bernard ?
- Our accomplished London-based employment lawyers are experts in handling unfair redundancy claims.
- Our employment lawyers understand the complex nature of bringing an unfair redundancy claim and can provide a confidential and robust employment law service.
- We offer competitive fees and a structured payment plan tailored to your needs.
- See our client testimonies from previous constructive dismissal claims for more information.At Adam Bernard Solicitors, we can assist and advise on redundancy issues for both employers and employees. Book a consultation with our employment experts to discuss your redundancy claim.