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It’s understandable that making the decision to let go of employees through redundancy is a tough and complicated matter, with many legalities throughout the process.
If your business is making staff redundant, it’s crucial that you seek sound redundancy legal advice to ensure the process is correctly carried out and in full compliance with all relevant legislation.
If the correct procedure is not followed, the business could be found liable for unfair dismissal, constructive dismissal or discrimination at the Employment Tribunal, which can have a costly, time-consuming, and damaging effect on the business.
One of our specialist solicitors will be able to ensure your set redundancy procedure (if applicable) is accurately followed or will be able to provide advice on the appropriate actions to take if no procedure is in place. This makes sure that any potential disputes are sidestepped.
Our solicitors at Glanvilles are well-versed in all aspects of employment law. We have years of combined experience helping businesses navigate tough situations, such as redundancies.
The team have had extensive involvement in assisting all manners of scenarios, from those more simple, such as small-scale redundancies, to matters considerably more complex. No matter your situation, we can lend a helping hand to minimise stress and ensure it runs smoothly.
Our expert team of redundancy advice solicitors can assist with matters including:
When you are selecting employees to make redundant, you must do it in a fair and objective way that does not discriminate. The most usual methods businesses follow include the following:
There are types of redundancies where a process will not need to be fair and objective, such as where all the employees are being made redundant due to the closure of the business or where there is only one employee in the business.
As mentioned previously, when an employee is made redundant, the process the employer uses must be fair, but this is only required when the employee has worked for the employer for more than two years. There is no legal set process for redundancy that must be followed, but most businesses will create their own procedure and have this in the contract or employee handbook. It’s, therefore, important that you have this in place. Where this is set out, it must be followed when making employees redundant.
When you make the decision to make an employee redundant, you must invite them for a minimum of one formal meeting, which sets out a number of factors, including:
When making employees redundant, it’s essential to give them a proper amount of notice, and this is something that the business can lay out in their employment contracts.
Where the employee has been employed between one month to two years, they are entitled to at least a week’s redundancy notice, and where they have been employed for over two years, they should have a weeks’ notice for every year employed but limited to 12 weeks.
How much statutory redundancy pay an employee receives comes down to several circumstances, such as their age and how long they have worked for your business. If an employee has worked for your business for less than two years, they will not receive any redundancy pay.
There are also other matters that come into play in concern to how much statutory redundancy pay an employee will receive, including there being a 20 year limit and a cap of £571 per week. This means Mening the maximum amount of statutory redundancy pay to be received is £17,130, but someone may receive more if their contract states they will receive contractual redundancy pay.
There are certain circumstances where an employee may not be entitled to receive the statutory redundancy pay, and this includes those who are:
Ensuring the redundancy process is done correctly and in compliance with the law is absolutely essential. This is because where a business fails to follow the correct redundancy process set out, the employee could be eligible to claim for unfair dismissal and/or discrimination at the Employment Tribunal, which can be extremely damaging to the business, with particular concern to cost, time and reputation.
Our team at Glanvilles have in-depth experience in complex areas of employment law across a range of scenarios, including complicated redundancies. When you choose to work with our team, we will provide clear, realistic advice you can trust, ensuring any potential problems are quickly sidestepped.
At Glanvilles, we are proud to be recognised for our top-quality client care and management of our practice through the Law Society’s Lexcel accreditation, reflecting our dedication to providing a top-quality service. We are also regulated by the Solicitors Regulation Authority (SRA), giving reassurance that we will continue to always meet and exceed the highest professional standards.
When you choose to work with our redundancy solicitors at Glanvilles, we promise: