Redundancy Solicitors

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Redundancy Services

Unfortunately, circumstances occur where a business needs to reduce its workforce. This may be caused by one of the following situations:

  • Closure of the Business;
  • Closure of one of the Business sites
  • Diminished requirements of the kind of work that the employee undertakes

If you are concerned about the reasons given by your employer for your redundancy or the process that your employer is following, our team of specialist employment lawyers can discuss your concerns with you and assist with raising those concerns with your employer.

Collective Redundancy

If you face the prospect of being made redundant in the UK or if you are a business looking to reduce your workforce, taking advice from a Redundancy Solicitor can be beneficial. 

Our Redundancy lawyers specialise in employment law and can guide you throughout the redundancy process to make sure you are doing everything fairly.

The redundancy process must be fair, if there is discrimination during the process a claim could be made under the Equality Act.

Why choose our Redundancy Solicitors?
Our solicitors in the employment team offer extensive expertise in guiding both employees and employers through redundancy scenarios. Whether you’re an employer undergoing restructuring or an employee confronting redundancy, we offer comprehensive support throughout. 

We assist at every stage in managing the redundancy process, starting from the selection process, advice on conducting initial consultations, exploring suitable alternative employment options, evaluating whether additional protection should be extended to employees, managing the redundancy process itself, and handling subsequent appeals and Tribunal proceedings. Throughout the process, we can provide all necessary documentation to ensure you are protected. 

Our experienced solicitors in the employment department can provide extensive support with collective redundancy situations. We will ensure that you are compliant with legal requirements and guide you through each step that you need to follow with employees, from the initial planning, to electing and consulting with employee representatives, to considering alternative measures such as retraining or redeployment to reduce the number of redundancies if possible and the final individual meetings with the employees. We can draft the necessary documentation, including the consultation letters and settlement agreements if needed. We can also offer you support and defend any claim that may be brought against you in the Employment Tribunal. 

What is collective redundancy and when does it apply?
Collective redundancy is the term used when 20 or more employees are to be made redundant from a single employer within a ninety day period.

How long does the consultation process typically last?
The length of the consultation period depends on the number of employees that the employer proposes to make redundant. They are:

  • If an employer is proposing to dismiss between 20 and 99 employees, the consultation process must begin at least 30 days before the first dismissal.
  • If an employer proposes to dismiss 100 or more employees, the consultation process must begin at last 45 days before the first dismissal.

What are the potential legal implications if the collective redundancy process is not followed correctly?
If an employer fails to comply with the collective consultation requirements the employer is at risk of claims at the Employment Tribunal for claims of unfair dismissal and a protective award. The protective award can amount to 90 days’ pay per employee and would be payable for each affected employee. Therefore, having the potential to be a substantial cost to the employer. If such claims are filed against the employer, our employment solicitors have considerable experience in assisting employers defend such claims.


How much will I get paid, if I am made redundant?

If you have more than two years’ service with your employer you will be entitled to statutory redundancy pay. This payment will be calculated on the number of years’ service you have with your employer, your weekly pay and your age. It is possible that the employer offers an enhanced redundancy payment, so you may wish to check the staff handbook to find out whether this is something that they offer. 

What is voluntary redundancy?

Your employer can request volunteers for redundancy. There is no legal obligation for the employer to offer this to employees. If voluntary redundancy is offered, it is likely that the employer will request that you sign a settlement agreement to prevent you from bringing any claims against your employer. 

What can I do if it is not a genuine redundancy situation?

If you believe that it is not a genuine redundancy situation or the consultation process has not been followed correctly you have the opportunity to bring a claim against the employer for unfair dismissal at the Employment Tribunal. Please see our Employment Disputes page for further information on the process that you need to follow. 

What is a Settlement Agreement?

A settlement agreement is a document provided to an employee by their employer with the intention of bringing the employment relationship to an end or to settle potential claims the employee has against their employer. The agreements generally include provision for a compensation or termination payment to be paid to the employee in exchange for the employee’s agreement not to pursue any employment claims against the employer.

Our Employment Department is well equipped to help with the commercial and legal considerations in situations where a settlement agreement is contemplated.

Why are settlement agreements used?

The main purpose of a settlement agreement is for the employee to agree that their employment with an employer will come to an end, usually in exchange for a financial termination payment, and for the employee to also settle any potential claims that they have, or may have, against their employer.

What effect does the agreement have?

If signed, a settlement agreement will have the effect of ‘waiving’ or settling employment claims the employee may otherwise be entitled to bring against the employer which will normally include claims such as unfair dismissal and discrimination.

An employee presented with an agreement will generally not, however, be waiving their rights in respect of claims for:

  • personal injury claims for which they are currently unaware of
  • accrued pension rights and
  • enforcing their settlement agreement

Although in specific circumstances, this could be required.

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