Redundancy – For Employees

In the current financial climate redundancies are a common occurrence.

If you are facing the threat of redundancy, you should be aware that your employer is obliged to follow a fair and reasonable procedure. Failure to follow the correct procedure could be grounds for a claim of unfair dismissal.

Your employer has to treat you fairly and there has to be a valid reason for making you redundant. This could be that the company needs to save money by reducing staff numbers. It could be because new technology, or new processes, have made your job unnecessary. It could be because the job you were hired for does not exist anymore, or because the business is shutting down or moving to another location.

For the redundancy to be fair the employer has to:

  • Have a proper procedure for selecting people for redundancy.
  • Run a consultation where all alternatives to redundancy should be seriously considered. If 20 or more people are being made redundant at once, a collective consultation procedure should be used.
  • Pay you the correct amount of redundancy pay. How much you get will depend on how long you have worked for the company, how much you are paid and how old you are.

If an employer uses redundancy to cover up another reason for ending your employment, or if the redundancy and consultation procedure is not properly followed, you may have a claim for unfair dismissal.

Even if you are quite happy to have the opportunity to take redundancy, it is wise to seek legal advice about the redundancy package you have been offered. If you are asked to sign a settlement agreement (previously called a compromise agreement) you need independent legal advice to make the agreement valid.

How we can help

We have wide experience in advising employees on redundancy and we will be able to let you know if the payment you have been offered is appropriate in your circumstances.

If you suspect that a redundancy process is not being carried out fairly or properly, seek legal advice from Else Solicitors’ specialist employment law team. We understand what a stressful time this is and we will do all we can to help and support you.

Your first consultation with one of our expert team is free and without obligation. If we think you have a valid claim under law we will explain your options, the costs and any potential risks in clear, jargon-free language.

If you would like to speak to a member of the team for more detailed legal advice in relation to redundancy, please contact Stephen Stewart on 01283 526200 or email Stephen.Stewart@elselaw.co.uk

Employment Contracts

Your contract of employment is one of the most important documents you will ever sign.


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Redundancy

In the current financial climate redundancies are a common occurrence.


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Sick Pay

When you are unable to work through sickness, the last thing you need is further stress regarding your employment.


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Constructive Dismissal & Unfair Dismissal

The threat of dismissal from work is a very real one for many people.


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Employment Tribunal Solicitors

Employment Tribunals are independent bodies who can pass legally-binding judgements.


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Holiday Entitlement & Equal Pay Claims

There are a wide range of rights attaching to payments due from employers in the course of employment, both statutory and contractual.


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Bullying In The Workplace, Discrimination & Harassment

Employees are protected under UK legislation from being discriminated against on the grounds of their race, religion or belief, age, gender, disability or sexual orientation.


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What Happens When Your Employer Is Insolvent?

If the company you work for hits hard financial times, is unable to pay its debts and is legally insolvent, you may be entitled to compensation.


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Disciplinary & Grievance Procedure

The Advisory, Conciliation and Arbitration Service (ACAS) has a code of practice for both disciplinary and grievance procedures – but it is not legally-binding, so employers can adopt their own policies on how to handle these matters.


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What Happens When The Company You Work For Is Sold?

If the company you work for is sold, your employment rights should usually be protected under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).


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Steve joined Else after spending over 20 years in law practices in Worcestershire and the West Midlands specialising in dispute resolution particularly High Court litigation.

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Stephen Stewart

Dispute Resolution Solicitor

How can we help?

Get in touch.

Else have a team of experienced employment solicitors, in Burton on Trent, that focus firmly on preventing disputes from occurring.

If you would like more information from our employment solicitors in Burton on Trent please call 01283 526200. Alternatively, you can send us a message and we will get in touch at a time that suits you.