Have you been placed ‘at risk’ of redundancy?

Or perhaps you have already been given notice of termination of your employment due to redundancy or a restructure?

This can be a shocking and upsetting time and we understand that you need help and support from an expert who is both empathetic and objective. Getting swift, pragmatic advice at an early stage can be invaluable.

Our experienced solicitors will guide you through the maze of questions, including:

• Is there a genuine redundancy situation?

… or is there another underlying reason why my employer wants to get rid of me?

Redundancy is a potentially fair reason for dismissal, but if it is not the real reason why your employer wants to lose you then it is very likely to be unfair.

• Have I been selected fairly?
  

This can sometimes involve the need for selection pools with fair and objective criteria scored even-handedly.  

• Has my employer consulted me properly?

A genuine consultation has to take into account the concerns, challenges and input of the employee, including how the redundancy may be avoided. If termination is a decision rather than just a proposal in advance, a consultation cannot be genuine.

• Has my employer looked for ways to avoid terminating my employment?

This should include making you aware of alternative employment within the company or group. You are not obliged to accept or apply for an unsuitable alternative role.

• Are the payments correct?

As well as statutory redundancy pay (calculated on a set formula, which takes into account your pay, age and length of service) you may be entitled to additional redundancy pay under your contract of employment.

Is the notice pay correct?  If you are being paid ‘in lieu’ of notice, should this just be based on basic pay, or are you entitled to other payments, e.g. benefits, allowances, commission, bonus? Your contract of employment and the employer’s usual practice are of relevance here.

How much holiday of your annual allowance have you used? You may be entitled to payment for any unused holiday.

There are other factors which may come into play in your case, such as:

• the need to collectively consult (a union or employee representatives) when 20 or more workers are facing dismissal at the same time.
• job losses due to a merger or acquisition bring special rules (TUPE) into play.

We help many employee clients to deal effectively with a redundancy situation, to get the best outcome for them, including:

• advice on handling the Consultation process
• how to Appeal – including help with drafting appeal letters and statements, and how to handle the appeal meeting;
• initiating or responding to ‘Without Prejudice’ settlement proposals and negotiations;
• Settlement Agreements – which are usually a condition of enhanced payments;
• Challenging the redundancy dismissal, if it is unfair or discriminatory, including issuing proceedings in the Employment Tribunal.  Strict time limits apply to such claims.

For immediate employment law advice please either call us on 0117 290 0905 or complete a Free Online Enquiry and we will soon be in touch with you.