If you are facing redundancy, then it’s important to speak to a specialist redundancy solicitor to obtain advice on your rights to ensure that you are treated fairly. An employee with at least two years’ service is entitled to a statutory redundancy payment (which normally increases each year in April). You may also be entitled to an enhanced redundancy payment as well as other benefits, although this will depend on whether you have a contractual right to it. This contractual right may be contained in your employment contract or in a separate redundancy policy.
Genuine Redundancy Situation
Your employer will need to be able to establish a genuine redundancy situation to establish whether it is fair or not. This may arise if your employer no longer requires you to carry out work of a particular kind generally or in the location where you are employed or if your work is diminishing. An employer would also be able to justify redundancy if they are closing down their business or relocating it. As specialist redundancy solicitors, we are able to determine whether there was or was not a genuine reason for redundancy dismissal.
Fair Redundancy Procedure
Your employer will also need to follow a fair redundancy procedure, which may include applying objective selection criteria and looking for ways to avoid your redundancy, including offering you any suitable alternative employment. If your employer fails to comply with these legal obligations then you may have an unfair dismissal claim. If you are dismissed without being given your full notice in accordance with your employment contract, you will also be entitled to claim wrongful dismissal.
If 20 or more employees are likely to be made redundant (within a 90 day period) then your employer will need to follow a longer and more extensive process, which involves consulting with appointed employee representatives. If your employer fails to comply with these extra obligations, then you may be able to claim a protective award equivalent to 90 days’ gross pay. This is a complex area of the law and requires careful advice.
How We Can Help – Redundancy Advice for Employees
We have extensive experience in handling redundancy dismissals and any associated employment tribunal claims. We can also advise you on any proposed settlement agreement that may have been offered to you before your redundancy dismissal is confirmed.
We will always offer you a FREE, no-obligation telephone consultation followed by a reduced fixed fee meeting to give you comprehensive advice and support on your employment issues.
We can advise you either by telephone or at a face-to-face meeting at our offices in Ashford, Maidstone or Canterbury. We also offer out of hours and weekend appointments to help you to obtain early advice and support.