Redundancy Claims
Our employment solicitors understand how employment law is complex and changes regularly. Employers need to know they are getting the right legal advice. Expert employment solicitors at our Salisbury, Andover, Warminster and Verwood offices can advise on both employment law and the procedures employers must follow in making redundancies. We represent employers in Wiltshire, Hampshire, Dorset and further afield both with regard to redundancy law and procedure and, if necessary, at Employment Tribunals.
What is redundancy?
Redundancy arises where a job role can be dispensed with for the efficiency of the employer’s business and the loss of the role reduces the need for the same number of employees.
Who qualifies for redundancy?
- They have at least 2 years continuous service since the age of 18; and
- Suitable alternative employment role offered to them is reasonably refused. It is rare for employees to lose a redundancy entitlement for this reason. The criteria relating to ‘suitability’ include pay, location and status and those relating to ‘reasonable refusal’ depend on individual circumstances.
Our employment solicitors warn that it is essential for employers to follow the correct procedure for redundancy and, if a job role is to go, to select any employee by a fair transparent and justifiable criteria.
- The dismissal is not for redundancy as the job role has not truly disappeared; e.g. the Employer employs a new employee for the same role.
- There was no consultation with the employee prior to redundancy. The consultation process can become involved when numerous redundancies are planned.
- Unfair selection: the criteria for selecting redundant employees has to be objective and fair and if possible is best agreed with any union and/or employee representatives.
- Failure to offer any suitable alternative employment within the business.
How long does an employee have to make a claim?
Employees must make a redundancy claim to an employment tribunal within 3 months of dismissal.
How to calculate redundancy pay?
- 1 ½ week's pay for every year of continuous service when the employee was over 41 years old.
- 1 week's pay for every year of continuous service when the employee was over 22 and under 41.
- ½ week's pay for each year of continuous service under 22 years old.
Contact our Redundancy Law Solicitors
Our redundancy law solicitors can see you in our Salisbury, Andover, Warminster, Verwood or Amesbury offices. Our solicitors also regularly represent employers in redundancy situations in Sherborne, Gillingham, Shaftesbury, Blandford Forum, Romsey, Lyndhurst, Brockenhurst, Wincanton, Radstock, Ringwood, Fordingbridge, Frome and Westbury.
If you are contemplating redundancies and want legal advice about what to do safely, contact an expert redundancy law solicitor in our Salisbury, Andover, Verwood, Warminster or Amesbury offices today.
