Redundancy proceedings are challenging for everyone involved. Under the laws of employment, your employees have certain rights protected in situations where you wish to end their period of employment through redundancy. It is easy for employers to make mistakes when negotiating this process, leaving themselves at risk of a claim for unfair dismissal being brought by their employees. The specialist employment lawyers at Wilford Smith can offer expert guidance and support on redundancy procedures to ensure that you take all appropriate steps and that your position is protected.
What is redundancy?
While a myriad of scenarios exist whereby an employer wishes to terminate an employee’s contract, only particular types of situations can be considered ‘redundancy’. Examples of genuine redundancy situations are when:
- The workplace is shutting down
- Fewer employees are needed – or are expected to be needed – for a particular type of work to be carried out
- The employee’s job no longer exists
- The work for which the worker was employed is no longer being carried out by the company
- The company’s business has shrunk
- The employer’s business, or the role being performed by a particular employee, has moved to a different location
Are employers required to consult with staff before making redundancies?
Yes, you have a duty to consult with all staff who may be affected by redundancies. Consultation should last for a ‘reasonable’ period of time, which will be dependent on the particular circumstances. In most cases, this expected to be at least one week. Employers are expected to use this period to explore alternatives to redundancy.
How are employers expected to select staff for redundancy?
You must employ a set of objective criteria to establish which employees will be made redundant. There is no set rule as to what these objective criteria should be, but you will be expected to be able to demonstrate the approach you have taken. An example might be using a simple ‘last in, first out' method.
Can employees appeal against their redundancy?
Yes, you must allow employees to appeal if they wish to do so. Failure to do so may result in a claim for unfair dismissal.
Are employees legally entitled to redundancy pay?
Yes, any employee who has two or more years of service is entitled to statutory redundancy pay.
Contact our Redundancy Solicitors
We regularly work on behalf of employers working across a broad range of sectors, delivering efficient and honest legal advice on a comprehensive range of employment matters. We will take the time to get to know you and your business and a member of our employment team will be on hand at all times to deal with any developments quickly and effectively.
For expert advice on a comprehensive range of employment law matters, call Wilford Smith today on 01709 828 044 or complete our online contact form and we will get back to you.