Redundancy

Redundancy: support when you need it.

Facing redundancy causes uncertainty and stress, but you have clear legal rights and protections.

Whether your employer has announced business closure, workplace changes, or a reduction in staff, our employment law team will carefully guide you through this difficult time, ensuring you understand your position and helping you secure the best possible outcome.

We’ll make sure your employer handles your redundancy fairly and follows all legal requirements, giving you the support and clarity you need to move forward.

What are employers required to do?

  • Employers are required to inform and consult employees in respect of prospective redundancies. Any consultation should be “meaningful” – it is not enough to merely inform affected employees that a decision that has already been made
  • If more than 20 employees are affected, a collective consultation will be required involving the employer and elected employee representatives (or potentially trade union representatives, if relevant). The number of employees at risk will determine the timescale over which the consultation will take place
  • Give genuine care and careful consideration to deciding which employees are pooled, the criteria for selection, and management of the redundancy process generally.
  • Take reasonable steps to identify and notify any employees selected for redundancy of any other suitable vacancies for which they may apply

If employers do not follow a fair process, this will leave them exposed to potential claims for unfair dismissal. In some limited circumstances (where there is a collective consultation requirement) they may also be liable to pay employees a ‘protective award’.

Employees dismissed by reason of redundancy with over 2 years continuous service will also be entitled to a statutory redundancy payment or potentially an enhanced contractual redundancy payment (if relevant).

How can we help?

If you think you were unfairly selected or there was some unfairness in the redundancy process, we can advise you on whether your employer you may have a claim for unfair dismissal and the options open to you.

If you are offered the chance to appeal your employer’s redundancy situation, we can also advise you on the appeal process and, where required, assist in drafting any appeal and/or help you prepare for the appeal hearing.

What our clients say:

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“So positive. A difficult situation to manage but communication was excellent throughout and knowledge was brilliant. Very kind approach and always did exactly what she said she would!”

Recent Employment Client

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“Elizabeth Maxwell and Amber Fraser were exceptionally helpful, flexible and did exactly what was needed. Really appreciated all their efforts under a very tight timescale.”

Recent Employment Client

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“Feeling frustrated and stressed following a company takeover, the calm and professional way my enquiry was handled and the subsequent advice I received helped me feel confident to deal with my new employers to resolve the situation.”

Recent Employment Client

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“I felt comfortable and secure working with the team and communication was prompt and efficient. I hope to not be in a situation where I need legal action in regards to employment again, but I will be in touch with Francesca right away if I do.”

Recent Employment Client

Perspectives

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