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Redundancy

Duncan Lewis Employment Law Solicitors – Redundancy

 

In certain circumstances, employees who have lost their job are entitled to a payment from their employer, regardless of whether they have another job to go to or not.

 

This right was introduced in the Redundancy Payments Act 1965 and is now contained in the Employment Rights Act 1996 (ERA 1996).

 

Employees and Redundancy

 

An employee being made redundant may be eligible for certain other rights as well as redundancy pay, including:

  • A notice period
  • A consultation with their employer
  • The option to move into a different job
  • Time off to find a new job.
However, under the ERA 1996, an employee has to fulfil certain conditions to be entitled to redundancy pay:

 

  • They were an employee
  • They have been continuously employed for two years
  • They have been dismissed
  • They were dismissed because of redundancy.

 

The amount of redundancy pay is based on:

 

  • Age
  • Gross average wage
  • Length of continuous employment.

 

Employees must be selected for redundancy in a fair way eg because of level of experience or capability to do the job.

 

An employee cannot be chosen for redundancy because of factors which might contravene the Equality Act 2010 or are unfair – such as age, gender, disability, pregancy. If this happens, it might be classed as an unfair dismissal.

 

Employees may be offered a Settlement Agreement by their employer – formerly called a Compromise Agreement – to prevent the employee making a claim for redundancy at an Emploment Tribunal.

 

This is a binding agreement and it is vital to take expert legal advice from Duncan Lewis before accepting a Settlement Agreement.

 

Employers and Redundancy

 

If an employer dismisses an employee by reason of redundancy, he has a number of statutory obligations to fulfil, in addition to making the redundancy payment. An employer may be liable in a claim for unfair dismissal if it fails to act fairly in making an employee redundant.

 

Duncan Lewis employment law solicitors have a success track record in advising employers on their statutory obligations as an employer, as well as claims for unfair dismissal brought by employees at an Employment Tribunal.

 

Duncan Lewis Employment Law Solicitors – How we can help you

 

Duncan Lewis employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters.

 

Duncan Lewis has 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.

 

Our employment solicitors can represent all types of employers, both large and small – as well as individual employees and collective employees in matters relating to the Employment Rights Act 1996 and redundancy.

 

Duncan Lewis Employment Law Solicitors – Fees

 

Duncan Lewis employment law solicitors operate a transparent fee scale – and can offer a range of competitively priced funding options for claimants and respondents:

 

  • No-win-no-fee
  • Damage based fee
  • Contingency fee
  • Fixed fees (for specific tasks)
  • Insurance funded cases.

 

Some cases may also be funded with Home Contents Insurance or Contents/Buildings Insurance with additional Employment Protection Cover.

 

Duncan Lewis believes clients should always know what they will be paying – and will advise on the best funding option at the initial client meeting.

 

Duncan Lewis Employment Law Solicitors – When to contact us

 

If you have a problem with employment or redundancy, it is important to take legal advice and find out what your rights are as soon as possible.

 

Duncan Lewis can offer clear legal advice on employment law at any stage of an employment matter.

 

Duncan Lewis also has a successful track record in advising companies and employers on employment matters and redundancy.

 

The sooner you call us, the sooner we can help with an employment claim or redundancy.

 

Duncan Lewis Employment Law Solicitors – How to contact us

 

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, redundancy – or a claim for redundancy – call Duncan Lewis employment solicitors on 020 7923 4020.


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