Redundancy guidance. Business protection. Redundancy situations require careful handling to protect both your business and your people. Our employment specialists will guide you through every step, ensuring you meet all legal obligations while managing the process fairly and reasonably. Our employment lawyers support you through the entire redundancy process: Guiding you through legal requirements and employee protection rights Managing timescales and consultation periods effectively Creating clear, compliant documentation and correspondence Advising on selection including ‘pooling’ and selection criteria Calculating statutory redundancy payments Considering viable alternatives to redundancy including suitable alternative employment We understand redundancy is often a last resort. Our team will also help you explore all options, from reduced hours to temporary layoffs, ensuring you make informed decisions that protect your business whilst treating your employees fairly. Understanding your requirements The law requires businesses to properly inform and consult with employees before making final redundancy decisions. For larger-scale redundancies involving 20 or more employees, this extends to collective consultation with employee representatives or trade unions, along with mandatory government notification. When redundancy occurs Redundancy typically arises in three situations: Business closure Site or workplace closure Reduction in workforce requirements Every redundancy requires careful consideration and as with all dismissals employers need to take care to act fairly and reasonably. The leading case on reasonableness in relation to redundancy is Polkey v A E Dayton Services Ltd [1987] IRLR 503 in which it was held that an employer will normally not act reasonably (and a dismissal will therefore be unfair) unless it: Warns and consults – An employer must warn and consult its employees, or their representative, about the proposed redundancy Adopts a fair basis on which to select for redundancy – An employer must identify an appropriate pool from which to select potentially redundant employees and must select against proper criteria Considers suitable alternative employment – An employer must search for and, if it is available, offer suitable alternative employment within its organisation Get in touch Contact Mel McCrum Partner, Head of Department Employment 01737 854500 Message Connect On this page Contact our Employment lawyers Get in touch
