redundancy solicitors in London.

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.

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.

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.

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.

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.

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.

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.

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.

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.