Redundancy
Our specialist employment solicitors can make you aware of your redundancy rights and help you work out if you are not being treated fairly.
Redundancy
The complete legal service for people affected by voluntary or compulsory redundancy
Redundancy is an issue many employees will come across during their working lives but, whether it’s compulsory or voluntary, legal advice is a must, particularly for senior level staff.
Our expert employment solicitors specialise in redundancy law and can help you understand whether the proposals affecting your role are fair. We will also support you to make sure that you receive all the entitlements you deserve.
Being made redundant is unrelated to your capability or conduct and it should only happen if your particular role no longer exists, whether because of a workplace closure of relocation, or a reduced level of work. You also have the right to be consulted about redundancy proposals in a meaningful way.
We work closely with you to establish whether the redundancy is genuine and provide advice on whether you have grounds for an employment tribunal claim. Additionally, we can offer guidance regarding any settlement agreement proposed.
Our team will ensure that your redundancy pay, whether it is statutory or contractual, has been accurately calculated. If there are facts to support seeking increased compensation, we can explore the possibilities on your behalf.
If you have received notice of an impending redundancy or have concerns about unfair treatment by your employer, contact a member of the employment team in St Albans, Harpenden or Luton to discuss the best course of action for you.
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FAQs
Frequently asked questions
What is redundancy?
There will be a redundancy situation in any of the following circumstances:
- the actual or intended closure of the employer’s whole business;
- the actual or intended closure of the employer’s business at a particular workplace; and
- a reduction in the employer’s need for employees to carry out work of a particular kind.
An employee will be dismissed on grounds of redundancy if they are dismissed in one of these circumstances
Who is entitled to statutory redundancy pay and how is it calculated?
If you have 2 years’ service or more when you are dismissed on grounds of redundancy, you will usually be entitled to a statutory redundancy payment. This is calculated based on your age, length of service, and weekly pay. Length of service and weekly pay are subject to a statutory cap. You may forfeit your right to a statutory redundancy payment if you unreasonably refuse an offer of suitable alternative employment.
Some employees may have rights to enhanced redundancy payments in their employment contract or in an employer policy.
What should I do if I am facing redundancy?
Taylor Walton’s employment team can assist you with any queries that you may have if you are facing redundancy.
What should a redundancy process include?
Your employer should consult with you prior to making any decision to dismiss you on grounds of redundancy. The consultation should include information about the business reasons for the redundancy proposals and information about the basis upon which you have been selected for redundancy. Reasonable efforts should also be made to offer you alternative employment.
If 20 or more employees are affected by the redundancy proposals in one location, collective consultation obligations will apply which means that your employer should consult with elected representatives of the affected employees for prescribed minimum periods.
Can I appeal against redundancy?
There is no absolute legal right to appeal a redundancy dismissal. However, this is considered best practice and most employers will offer a right of appeal. Failure to offer or consider an appeal can make a dismissal unfair. If you believe that your dismissal on grounds of redundancy was unfair, you should consider raising an appeal, even if you have not been notified that you have a right to do so.
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