redundancy solicitors in london
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redundancy lawyers in london
As redundancy solicitors in London, we are here to provide you with advice on employment law for redundancies when it comes to being made redundant. Where an organisation needs fewer employees to carry out work of a particular kind, whether as a result of a reduction in business or where it decides to close part of its operation or restructure, employees may be faced with redundancy.
Before putting individuals at risk of redundancy, an employer must carefully consider the requirements of the business and identify employees who carry out the same or similar work. An employer should write to affected employees to inform them that they are at risk of redundancy, giving reasons why redundancies are being made and explaining how employees will be selected.
An employer should meet with employees individually (unless the employer proposes to make 20 or more redundancies, in which case different rules apply) and consider ways in which the business may be able to avoid making redundancies or reduce the number of redundancies that it needs to make. For instance, an employer may be willing to consider part-time working, a temporary reduction in hours, or it may offer voluntary redundancy or early retirement. Consultation is an important part of the process and it is crucial that an employer does not make a decision about who to make redundant before it has met with the affected employees and properly considered all of the alternatives, including whether there are any other suitable roles available within the organisation.
As part of the selection process, an employer should score those employees at risk of redundancy on a series of objective criteria. The fact that there may only be one employee undertaking a certain type of work and so they are the only individual considered for redundancy does not necessarily mean that the process is unfair. It is important that the employer carefully considers the criteria it uses to avoid any unfair or discriminatory factors. For instance, some employers use ‘last in, first out’, however, this may amount to unlawful age or sex discrimination unless it can be justified. If an employer uses an employee’s absence record, this could amount to discrimination on the grounds of disability or pregnancy if an employee has had time off for illness or antenatal appointments.
If an employee is made redundant, they should be given the opportunity to appeal the decision and any appeal should be considered by a more senior individual who was not involved in the initial decision. An employee should ask to see the scores given by their employer if they have not already been provided, although they will be anonymised to protect confidentiality.
Our redundancy solicitors in London can provide you with guidance if you are looking to appeal against redundancy discrimination. If you have a disability and believe you may have faced redundancy disability discrimination, our redundancy lawyers in London can assist you through the process.
Where an employee has worked for their employer for two years or more, they will be entitled to a statutory redundancy payment which is based on their age and length of service and can use the calculator on the Government website to work out what they are entitled to.
There are strict time limits to bring a claim in the Employment Tribunal so if an individual is considering bringing a claim, they should seek advice as soon as possible.
Below you will find more useful information on redundancy:
ACAS Early Conciliation
Early conciliation is a free and independent service offered by ACAS which can help you resolve an employment dispute with your employer. ACAS stands for the Advisory, Conciliation and Arbitration Service.
In any event, before lodging a claim with the Tribunal, you must contact ACAS and go through their Early Conciliation process by completing their Notification Form online. Here is the link https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute.
If you do not contact ACAS before lodging your claim with the Employment Tribunal, it will be rejected.
You must contact ACAS on or preferably before the deadline to lodge your Employment Tribunal claims, which is usually three months less one day after the last act you want to complain about. For instance, if you were dismissed on 18 June 2020, you would have to bring a claim no later than 17 September 2020. In certain circumstances it may be possible to rely on a continuing series of acts and the deadline would start from the date of the last act in this series. However, we do recommend that you seek legal advice to ensure you know what are the right time limits are for any claims you may have, as it can be difficult to work out.
Provided you contact ACAS before the deadline, going through the Early Conciliation process extends the time in which you have to file your claim. There are however complicated rules as to how long the time limit is/can be extended, and therefore we do again recommend you get proper legal advice.
Once you have completed the Early Conciliation Notification form, an ACAS officer will contact you and ask for details about the dispute. If you agree, ACAS will contact your employer and give the parties the opportunity to try and resolve the dispute without going to the Tribunal. If either you or your employer does not want to try and resolve the dispute informally, or the dispute cannot be resolved, ACAS will issue an Early Conciliation certificate. You need to keep this safe as you will need its reference number if you decide to lodge a claim with the Tribunal.
One last word, if you submit your own Early Conciliation Notification form, make sure you get the name of your employer correct. Claims have been disallowed because the correct entity for the employer was not filed against – we wouldn’t want that to happen to you.
Click here for the ACAS information on early conciliation: https://www.acas.org.uk/early-conciliation
The CAB website is also excellent, particularly for explaining the quite complicated rules around time limits: https://www.citizensadvice.org.uk/work/problems-at-work/using-early-conciliation/
There is a wealth of useful information available online, and lots of free advice to steer you in the right direction.
Useful guidance on their Equality page around Disability Discrimination and other kinds of discrimination. They have a simple question and answer format on the website covering common questions arising and an excellent telephone helpline 08457 47 47 47 which is managed from Monday-Friday, 8am-8pm and Saturday, 9am-1pm.
Rights at work. https://www.acas.org.uk
Public Concern at Work
Public Concern at Work is the whistleblowing charity. Established in 1993, they have led the new approach to whistleblowing that-both at home and abroad – recognises the key role it can play in anticipating and avoiding serious risks that arise in and from the workplace.
Employment/Work Issues: https://www.citizensadvice.org.uk/work/
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If you are seeking legal guidance regarding employment discrimination issues, get in touch with us today to book a free telephone assessment with our experts.