Redundancy

If you are facing redundancy from work, you have important legal rights that your employer cannot ignore. An employment law solicitor who specialises in redundancy can make sure you, claim all the money you are entitled to and protect your job in certain circumstances.

If you believe you have been unfairly dismissed or made redundant then speak to us at Tayntons. Our Gloucester solicitors have extensive experience in this area and are able to assess how good your case is and what your next steps are. We also offer employment tribunal representation. Why not book an initial 45-minute consultation at £150.00 plus VAT (£180.00) with our specialist employment team today?

If you think we can help give us a call or fill in our online enquiry form and a member of our employment law team will contact you.

Our redundancy law services

Even though redundancy is a fair reason for dismissing an employee, there are still circumstances when a claim for unfair dismissal can be made. The following circumstances may give rise to a claim:

  • Failure to follow fair procedure or consultation process
  • Not utilising a fair and objective selection process
  • Unfair selection on personal grounds with others being favoured
  • No attempt to offer or create an alternative role
  • Favouring a junior employee at the expense of a senior one

Redundancy is a common everyday issue for many businesses (although a decision few take lightly). For the employee,  being made redundant is one of the most stressful events of  your working life.

Your employer should conduct a fair and honest redundancy process in line with their own internal policies and employment law. Our job is to ensure that your rights as an employee are fully protected.

Our expertise includes:

  • Liaising with your employer throughout any consultation process
  • Reviewing your contract of employment and the employee handbook
  • Advice on redundancy pay, including your statutory redundancy pay rights, reviewing redundancy packages, and resolving pay disputes
  • Advice on unfair dismissal claims, wrongful dismissal claims and constructive dismissal claims
  • Advice on related claims such as discrimination and harassment
  • Advice on settlement agreements to formally end your employment and settle your claim in return for compensation and other incentives
  • Assistance with Alternative Dispute Resolution methods such as the Acas Early Conciliation process

Common questions about redundancy

What is redundancy?

Redundancy is a type of dismissal from your job. It will happen when your job is no longer there for you to do.   You will also be made redundant if your employer goes out of business and can no longer employ you.

What are my rights during redundancy?

You have important redundancy rights that your employer must respect when dismissing you from your job, including:

  • To be fairly selected for redundancy
  • Redundancy pay
  • Your notice pay
  • A consultation
  • The option to move roles
  • Time off work to find a new job

You cannot be made redundant because of a personal characteristic such as sex, marital status, age, disability, maternity, pregnancy, religious beliefs or sexual orientation.

Further reasons you cannot be made redundant include if you are called for jury service or you take part in lawful industrial action for less than 12 weeks.

If you are made redundant for an invalid reason, you may have a claim for unfair dismissal.

If your employer is going out of business, different legal rights will apply to you.

What should I do if I am made redundant?

The first thing you should do is seek independent legal advice from a solicitor who specialises in employment law.

We can look at your situation objectively and provide practical advice on your legal rights and the action you can take if you think you have been made redundant unfairly.

Even if you believe that your redundancy was fair, it is important to ensure that you maximise your entitlement. Laws and policies are in place to protect you as an employee and our goal is to ensure you can move on with your career in confidence and financial security.

How much is redundancy pay?

There are 2 types of redundancy pay:

  • Statutory redundancy pay – this is money you may be entitled to under employment law
  • Contractual redundancy pay – this is money you may be entitled to under your contract of employment on top of your statutory redundancy pay

How is statutory redundancy pay calculated?

You are entitled to  statutory redundancy pay if:

  • You have been employed for at least 2 continuous years
  • You satisfy the legal definition of ‘employee’
  • You were dismissed for a genuine reason

Your level of statutory redundancy pay will  depend on how many years you have worked for your employer, your earnings before tax (your gross pay) and your age. 

How much notice am I entitled to?

Your employer must give you notice if they want to make you redundant. Your notice period will be set out in your employment contract or employee handbook. However, this period cannot be less than the minimum notice period set out by employment law.

The minimum periods are:

  • If you are employed for between 1 months and 2 years – 1 weeks’ notice
  • If you are employed for over 2 years you get an extra week for every year you have worked up to 12 weeks’ notice 

Who pays redundancy if my employer goes out of business? 

You may be able to claim from the National Insurance Fund this includes payments for outstanding notice, redundancy and holiday pay.  You will not be able to claim any contractual redundancy payments.

What is a settlement agreement? 

A settlement agreement, formerly referred to as a compromise agreement, is a legal contract that you can enter into with your employer to settle any employment law disputes. Typically, the agreement will formally end your employment and settle any claims you have. In return, your employer will agree to make a compensation payment and provide a reference.

For a settlement agreement to be valid, you must receive independent legal advice and the employer must make a contribution towards your legal fees.

Why choose Taynton’s employment law solicitors?

Our friendly, approachable employment lawyers have years of experience helping individuals across Gloucester, the wider Gloucestershire area and beyond.

We take a human approach to employment law with an understanding of the distress and frustration you may be experiencing. We want to take the weight off your shoulders and help you negotiate a positive solution that works for you. We are able to help the majority of our clients reach a settlement harmoniously without resorting to litigation. However, if employment tribunal or court proceedings are in your best interests, we will provide detailed advice and robust representation on your behalf.

We are a member of the Law Society Lexcel Accreditation Scheme for our excellent standards of client care and legal practice management.

Tayntons is independently regulated by the Solicitors Regulation Authority (SRA).

Get in touch with our employment law solicitors in Gloucester 

Need redundancy law advice in Gloucester, Cheltenham, the Forest of Dean or Gloucestershire?

Get in touch by giving us a call or filling in our online enquiry form and a member of our employment law team will be in touch shortly.

Covid- 19. (Coronavirus)

Our Employment department remains open and active at this time. All of our staff are ready and equipped to work remotely. Appointments for existing and new clients’ can take place via telephone conference (or in some cases video link.)

 

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