For many employers, the prospect of making employees redundant is almost as traumatic as it is for the workforce. No employer enjoys letting workers go – and how redundancy is handled can make an enormous difference to the morale of the remaining workforce.
Redundancy also has to be carried out according to legal requirements or an Employment Tribunal hearing might be the result.
There are two types of redundancy process – and ACAS offers guides on both:
Employees cannot be selected for redundancy on the grounds of protected characteristics under the Equality Act 2010 – it is illegal to make a worker redundant because of their age, sex, pregnancy, religion or racial background.
Employees cannot be dismissed or made redundant when a firm is disposed of or transferred because of a merger or acquisition simply because of the transfer – unless an employer can satisfy a tribunal that the reason for dismissal was economic, technical or operational (ETO). In cases of insolvency, redundancy may be an option during a business transfer, however.
Employers may be advised to negotiate a Settlement Agreement with employees being made redundant – which is a binding agreement to prevent Employment Tribunal claims.
Some of the factors an employee might consider when making an employee redundant include:
Employees selected for redundancy may also have certain rights, including:
Because the law surrounding redundancy is so complex, it is advisable to take expert legal advice from Duncan Lewis employment solicitors as soon as redundancies become a possibility or likelyhood.
Duncan Lewis can review employment contracts and guide employers through the redundancy process, to ensure that staff are selected fairly and in accordance with the law – and their rights are protected.
Taking legal advice early in a redundancy matter can help prevent disputes, which can be traumatic for an employee and damaging to a business.
Duncan Lewis employment solicitors also have a wealth of experience in negotiating Settlement Agreements – our employment team advised Transport for London during a mass redundancy programme and dealt with the Settlement Agreements for its employees.
Duncan Lewis employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters, so can understand potentially contentious employment matters from both sides, including high-cost employment cases.
The Duncan Lewis employment team can represent all types of employers, both large and small in matters under the Employment Rights Act 1996 and other relevant employment legislation, including advising on high-profile redundancy matters.
Duncan Lewis also has successful departments covering civil liberties and the Human Rights Act, as well as finance, property and housing, family and childcare, mental health, personal injury and immigration law – all of which may be relevant or offer additional insight into employment matters.
Our in-house experts are on hand to advise whenever necessary in an employment matter.
Duncan Lewis employment law solicitors operate a transparent fee scale – and can offer a range of competitively priced funding options to suit all sizes of business:
If you have a problem with employment and are considering making employees redundant, it is important to take legal advice as soon as possible before a situation escalates.
Duncan Lewis can offer clear legal advice on employment law at any stage of an employment matter – including advising on redundancy and Settlement Agreements.
Duncan Lewis also has a successful track record in advising companies and employers on employment disputes.
Duncan Lewis has offices nationwide and in most major cities, with more than 20 offices across London and the southeast.
For expert legal advice on employment law and redundancy, call Duncan Lewis employment solicitors on 020 7923 4020.