Redundancy

In recent years there can be few who do not know someone who has been affected by redundancy and the laws surrounding laying off workers who are no longer needed is there to protect firms, but it also protects employees.

As an employer you should be certain that redundancy is the only option, and a genuine redundancy situation exists before beginning the process to consult and make staff redundant.

It is not, for example, a mechanism to get rid of one member of staff to make way for someone else to take their place. The role must be redundant and therefore no longer required. If you do simply replace a role you deemed to be redundant you are paving the way to an Employment Tribunal.

Adequate consultation is essential both for individuals and collectively for larger employers and any criteria used to determine redundancy should be applied fairly and consistently. You should also see if they could be redeployed within the firm. Anyone being made redundant is allowed time off to look for new work. The rules are complex and we are adept at applying them.

The scale of redundancy paid follows a formula based on the length of service of an employee and their age.

Assuming you have handled the redundancy process well, or indeed Caversham Solicitors has done so for you, former employees only have three months to bring an action after their last day of employment. So, you might be surprised to learn that the latest figures from the Tribunal Service shows that this past year the number of claims for consultation failures has jumped by 39 per cent.

The truth is employees are more clued up on the law than ever before and many will recognise if you have failed to follow the correct procedure.

You can avoid becoming part of this growing trend by engaging with the employment law specialists here at Caversham Solicitors.