At B P Collins, we understand how stressful a redundancy process can be for individuals.
What does a redundancy solicitor do?
If you’ve been made redundant or are put at risk of redundancy, then our experienced redundancy solicitors are experts at reviewing redundancy processes. evaluating whether they may be unfair and advising you on the best strategy for your circumstances.
Our goal is to achieve the best and most stress-free outcome for you. As such, it’s important that you as an employee, are aware of your rights in redundancy situations. Some of those rights are set out below:
Unfair redundancy
Employees with at least two years’ qualifying service must not be dismissed unfairly. Although redundancy is one of five potentially fair reasons for an employer to dismiss an employee, employers are not given free reign to make dismissals by labelling them as being redundancies.
This means that in addition to there being a genuine redundancy situation, employers must follow a fair process. A fair redundancy process should involve consultation with employees at a formative stage of the redundancy proposal. Ideally, that consultation will include consultation on the selection criteria which will be used to score employees, consultation on the scores themselves and identification to employees of opportunities for alternative employment.
Redundancy protections for pregnant employees, employees on maternity leave and maternity leave returners
Employees that have notified their employer of their pregnancy, are on maternity leave or have recently returned to work from maternity leave (up to 18 months after the baby’s birth) have enhanced protections from redundancy. In particular, they have right to be offered an available, suitable alternative position and selection for redundancy because an employee gave birth or because she took (or tried to take) maternity leave will be automatically unfair.
Collective consultation obligations
Employers must also adhere to further requirements when there is a ‘collective’ redundancy situation of 20 or more employees, who are being made redundant over a period of 90 days or less. The requirement for collective consultation requires a detailed process to be followed and if an employer fails to follow the required process than they could be required to pay a “protective award” of up to 13 weeks’ gross pay to all affected employees.
Right to receive a statutory redundancy payment
Statutory redundancy pay is usually payable to employees who both have two years’ continuous service and are dismissed by reason of redundancy. The amount of statutory redundancy pay is calculated based on an employee’s age, length of service and salary and is subject to a statutory cap.
Where an employer cannot, or will not, make a redundancy payment (for example, because they are insolvent), then an employee may be able to apply for a payment to be made from the National Insurance Fund instead.
Why choose B P Collins as your redundancy solicitors?
With over 50 years of experience in employment law, we’re consistently ranked by Chambers UK and The Legal 500 for the strength of our employment practice. Our solicitors have helped hundreds of employees – from junior staff to senior executives and partners – navigate the redundancy process with confidence and clarity. No two clients are the same and our objective is to achieve the goal that is tailored to you.
The redundancy solicitors at B P Collins are also members of the Employment Lawyers Association.
Price and service transparency
We pride ourselves on achieving the best possible and most cost effective outcomes for our clients, be that through pursuing a strike out of some or all of a claim or defence or negotiating an appropriate settlement.
View our price and service transparency here.
Contact our redundancy solicitors today
If you require legal assistance or advice on redundancy, do not hesitate to get in touch with our experienced team of redundancy lawyers, based in London, Ickenham, Thame and Gerrards Cross, by emailing enquiries@bpcollins.co.uk or calling 01753 889995.
