A redundancy takes place when an employee’s role no longer meets the requirements of the company in which they are employed. This usually occurs when employers wish to reduce their workforce, cease the business, or move the location of the business.
When making an employee redundant, employers must follow the correct procedure, or they could be at risk of a genuine redundancy being ruled as unfair dismissal in an Employment Tribunal.
Making the decision to make an employee redundant can be extremely difficult, but it must be fair. Employers must select employees for redundancy based on performance, length of service, training, disciplinary record, as opposed to sex (including pregnancy), race, age, disability, sexual orientation, religion, beliefs, or the employee’s contracted hours.
It’s important to remember that redundancy doesn’t always end in dismissal. Every employee is protected by their rights, such as the right to a consultation with their employer which could lead to them moving into a different role.
Should they be dismissed, they also have the right to adequate redundancy compensation (if the employee has been employed for two years or longer), time off to look for new employment, and a sufficient notice period.
Why choose us?
Redundancy is a complex area of law which can be difficult to navigate, so it is important both parties are aware of the correct and current procedure.
At Gilbert Stephens, we have many years of experience in dealing with redundancy cases and can act for both employers and employees throughout the whole process. This may be from the moment you are faced with an impeding redundancy, through to the appeals, settlement agreement, mediations, and Employment Tribunal stages of the redundancy process.
We provide both employers and employees with expert advice, ensuring correct procedures are followed to prevent any cases of unfair dismissal.
Get in touch
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