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.

ACAS

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 Issueshttps://www.citizensadvice.org.uk/work/

FAQs

What is redundancy in employment law?

Redundancy refers to the situation in which an employer decides to reduce the number of its employees. The employer may decide to reduce the number of employees in the business as a whole, or within a particular site, function, or role. 

A redundancy situation may arise where the employer’s business is ceasing altogether or ceasing at a specific site. It may also arise where there is a reduced need for a particular type of work, for example, because of technological developments or changes in the nature of products/services provided. Being made redundant can be a stressful and challenging experience. Our lawyers regularly act for employees in a redundancy situation, advising on rights and helping clients reach a settlement that allows them to move on with their careers.

What are my redundancy rights?

Prior to any dismissal, the employer should consult an employee who it is proposed will be made redundant to discuss the reasons for the proposed redundancy and any alternative to redundancy. If it is proposed to make redundant less than 20 employees, there are no set rules regarding how this consultation takes place. 

Where the employer proposes to make redundancies of 20 or more employees within a period of 90 days, they have a duty to carry out a collective consultation process. If the employer fails to carry out such a process, a claim can be brought for a protective award of up to 90 days’ gross pay for each employee covered. 

The employer is generally also expected to make reasonable efforts to consider whether suitable alternative employment exists in the organisation for those being made redundant, and/or whether there are any alternatives to redundancy. 

If you get made redundant what are you entitled to?

Employees who have at least two years of continuous service with their employer at the time of their dismissal are usually entitled to a statutory redundancy payment. The amount of the payment depends on the employee’s age, length of service and salary. An employee is entitled to a written statement from their employer showing how their redundancy payment has been calculated. 

An employee should also check his employment contract, as they may have a contractual right to enhanced redundancy pay. Our lawyers are well-equipped to review your employment contract and let you know if you have a right to a redundancy payment above the statutory minimum. 

When can an employer make you redundant?

A redundancy situation may arise where the employer’s business is ceasing altogether or ceasing at a specific site. It may also arise where there is a reduced need for a particular type of work across the business or at a specific site, for example, because of technological developments or changes in the nature of products/services provided by the employer. If you are unsure whether your case involves a legitimate redundancy situation, speak to our lawyers.

Can you refuse redundancy?

Provided that the dismissal arises from a genuine redundancy situation, the law generally allows the employer freedom to make such business decisions. There is no rule of law that states you have a right to refuse redundancy, nor is there an express rule that states that you have a right to appeal your employer’s decision. 

However, an Employment Tribunal will be concerned to check that an employer acted reasonably in all the circumstances of the case. Depending on the facts, failing to properly consult and/or offer the right to appeal may affect the fairness of the decision. At didlaw, we have a depth of experience in both negotiation and litigation; if you believe your employer followed an unfair redundancy process, or that you have been picked for redundancy because of your sex, disability or other protected characteristic, speak to us and find out if we might be able to help you negotiate a deal or if you have a potential claim. 

Employees should also consult their contract to see whether there is a contractual right to appeal the redundancy decision. 

How much notice do employers have to give for redundancy?

Statutory notice periods are determined by an employee’s length of service: at least one week for those employed between one month and two years and one week’s notice for each year employed between 2 and 12 years (the maximum). Employees may have enhanced contractual notice periods. Employers should either let the employee work out their notice period or pay in lieu of notice. Our lawyers will be able to tell you how much notice your employer should give when making you redundant. 

Can you be made redundant while on sick leave?

Yes. If your employer has a legitimate reason for redundancy (the reasons are set out in section 139 Employment Right Act 1996) then you can be made redundant while on sick leave. Your employer will need to follow a fair process, setting out why you have been selected for redundancy based on objective criteria. They must also consult with you about the redundancy process, making adjustments to the timing or method of consultations to take account of your sickness. The organisation should send you any messages that are sent internally that you might not be aware of because you are off sick. You should be offered suitable alternative employment within the company if it exists.

If you have worked at the organisation for two years you will be able to claim for unfair dismissal if a fair process is not followed and/or there is no genuine redundancy situation. If you are made redundant because of your sickness or because of some reason connected with your sickness, you might be protected under disability discrimination legislation, if you have a “disability” as defined in the Equality Act 2010. It will be harder for the employer to show that they had valid reasons for the redundancy and that it was not related to your sickness if they do not follow a fair process.

Our solicitors at didlaw are specialists in disability cases and are here to assist you if you suspect that your redundancy or potential redundancy is linked to a health condition you have. You will need to move fast because there are tight time limits to bring a legal claim.

Can you be made redundant on maternity leave?

Yes. If your employer has a legitimate reason for redundancy (the reasons are set out in section 139 Employment Right Act 1996) then you can be made redundant while on maternity leave. Your employer will need to follow a fair process, setting out why you have been selected for redundancy based on objective criteria. They must also consult with you about the redundancy process, making adjustments to the timing or method of consultations to take account of your absence on maternity leave. The organisation should send you any messages that are sent internally that you might not be aware of because you are on leave. You should be offered suitable alternative employment within the company if it exists.

If you have worked at the organisation for two years you will be able to claim for unfair dismissal if a fair process is not followed and/or if there is no genuine redundancy situation. Additionally, if a fair process is not followed and your redundancy is linked to your maternity leave, you will be able to claim for unfair dismissal, regardless of the length of time that you have worked at the organisation. If they make you redundant for some reason connected with your pregnancy or maternity leave, you will have a legal claim for maternity and/or sex discrimination under equality legislation, as well as unfair dismissal.

There are additional rights for women on maternity leave to return to their own role or to be offered alternative roles if they are made redundant – not just given the chance to apply for vacancies. This is a complex area on which specific advice to your circumstances would be required.

Our solicitors at didlaw are specialists in women’s rights cases and are here to assist you if you suspect that your redundancy or potential redundancy is linked to a pregnancy or maternity leave. You will need to move fast because there are tight time limits to bring a legal claim.

Can you be made redundant when pregnant?

Yes. If your employer has a legitimate reason for redundancy (the reasons are set out in section 139 Employment Right Act 1996) then you can be made redundant while pregnant. Your employer will need to follow a fair process, setting out why you have been selected for redundancy based on objective criteria. They must also consult with you about the redundancy process, making adjustments to the timing or method of consultations if any are needed because of your pregnancy. The organisation will only have a duty to make adjustments if they are aware of your pregnancy. You should be offered suitable alternative employment if it exists within the company or any associated employer.

If you have worked at the organisation for two years you will be able to claim for unfair dismissal if a fair process is not followed and/or if there is no genuine redundancy situation. If a fair process is not followed and your redundancy is linked to your pregnancy, you will be able to claim for unfair dismissal, regardless of the length of time that you have worked at the organisation. Additionally, if you are made redundant for some reason connected with your pregnancy, you will have a legal claim for maternity and/or sex discrimination under equality legislation.

There are additional rights for women on maternity leave to return to their own role or to be offered alternative roles if they are made redundant – not just given the chance to apply for vacancies. This is a complex area on which specific advice to your circumstances would be required.

Our solicitors at didlaw are specialists in women’s rights cases and are here to assist you if you suspect that your redundancy or potential redundancy is linked to a pregnancy or maternity leave. You will need to move fast because there are tight time limits to bring a legal claim.

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