Redundancy

What is redundancy and can our Tunbridge Wells Solicitors help?

Redundancy occurs when the employer requires fewer (or no) workers to do work of a specific kind at a particular location.       

For a redundancy dismissal to be fair, the employer must normally warn employees of the possibility of redundancy and then consult individually with them before reaching any firm decision regarding their dismissal.

The matters that should be discussed during the consultation process will depend on the specific circumstances but typically consultation will include the following;

 Notification that the employee has been provisionally selected for redundancy.

 Verification of the basis for selection.

 An opportunity for the employee to comment on their redundancy selection assessment.

 An opportunity for the employee to put forward suggestions to avoid their redundancy.

 Consideration of any alternative employment positions that may exist.

 An opportunity for the employee to address any other matters or concerns that they may have.
 

An employee who has been told they are at risk of redundancy is likely to need to take advice from a specialist employment solicitor at an early stage in the process.  In particular, advice is likely to be needed to explore the following areas;

 Whether a genuine redundancy situation exists or otherwise.

 Whether the employer has considered the pool of employees from which selection will be made.

 Whether or not the employer has established a fair selection criteria.

 Whether the scoring mechanism is fair and had been correctly applied.

 Whether the issue of alternative employment has been fully explored.

 Whether the statutory redundancy payment has been correctly calculated.

 Whether the tax treatment of all payments made on the termination of employment are correct.     

The first £30,000 of a genuine redundancy payment can be made free of deductions.

As an employer, conducting a redundancy exercise should be done with reference to a written policy, or to current statute and case law.   This is not easy to do without the advice of a specialist employment solicitor.

In the first instance, please either call us on 0845 603 0708 or complete the form on the right and we'll call you.

National Solicitors

Redundancy Advisors

Tunbridge Wells, London, South East.