Employers face a variety of challenges as they endeavour to maintain and grow their business. To meet their targets in an ever-evolving world, it may be necessary for an employer to make redundancies, and our expert employment team here at B P Collins can assist employers with this process.
What does a redundancy solicitor do?
B P Collins’ expert redundancy solicitors can help you design a redundancy process which is fair, suits the needs of your business and help mitigate risk from later claims.
We can support and guide you through each stage of a redundancy process. Ideally, we are engaged by employers from the start of the process, ensuring that you have considered the full picture, assess your justification(s) for redundancy, and ensure you are setup to carry out the process effectively.
At every stage, our advice is tailored to ensuring you the best outcome possible.
Ensuring redundancies are fair
Redundancy is one of five potentially fair reasons for an employer to dismiss an employee. Where there is a genuine redundancy situation (such as needing to reduce headcount based upon a reduced demand for the work associated with the employee’s role) employers will also need to ensure that redundancies are fair.
A fair redundancy process will at the very least involve consultation with employees, applying clear and objective selection criteria, and considering alternative vacancies.
Planning in advance is often advisable to ensure the process is carried out effectively, such as identifying the managers that are to be involved in the process, and making them aware of their responsibilities.
If employers get it wrong, then employees may have a variety of claims. In particular, employees with at least two years’ continuous service may be able to bring unfair dismissal claims
Employees also have a right to claim discrimination if a ‘protected characteristic’ is seen to be the cause of their dismissal. Protected characteristics include the following: sex, maternity or pregnancy, marital status or civil partnership, age, race, disability, sexual orientation, gender reassignment, or religion or belief.
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 classified as 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.
Redundancy settlement agreements
Whilst employers hope for a smooth redundancy process, challenges may well arise due, invariably, to the employee(s) bringing claim(s). Some employers may choose to offer employees a settlement agreement, to allow the employees to leave on agreed terms without bringing claims.
B P Collins’ expert redundancy settlement agreement solicitors can help you decide whether this is an option you would like to explore with at-risk employees and, if so, assist you with drafting the terms of the agreement.
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 employers – across a wide range of sectors, such as technology and IP, sports and leisure, pharmaceutical and healthcare and environment. – navigate the redundancy process with confidence and clarity.
The redundancy solicitors at B P Collins are 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, please contact our experienced team of redundancy lawyers, who are based in London, Ickenham, Thame and Gerrards Cross, by emailing, enquiries@bpcollins.co.uk or calling 01753 889995.
