Specialists in Redundancy
Our employment solicitors are noticing that in the recession, redundancy is becoming increasingly common. Companies large and small are forced to shed staff to survive – a very stressful time for both employees facing potential redundancy and employers.
A genuine redundancy occurs when a job role no longer exists or can be dispensed with for justifiable economic reasons that benefit the employer. However, before employers consider whether redundancy is necessary, it is worth looking at alternatives. Can you:
- Stop using temporary staff – they can prove expensive due to extra costs in using an agency. Can you reallocate work to existing staff instead?
- Reduce paid overtime
- Develop sources of new work
- Convert sales staff from salary to commission-only where possible
- Introduce flexible shift patterns or annual hours contracts
- Convert part of the salary to a performance-related bonus
- Cut employees’ hours
- Offer sabbatical or periods of unpaid leave
- Control unnecessary travel and use telephone and web conferencing instead of face to face meetings
Our employment solicitors advise that above all when considering a change to employees terms and conditions, it is essential to talk to staff, explain the current position to them and discuss with them questions of changing conditions rather than simply imposing changes – which can lead to significant morale problems and claims for breach of contract. When implementing change, employers without internal legal or human resources staff need advice from a specialist employment lawyer. Redundancy is a tricky area of law and too often employers incorrectly use redundancy as the label for sacking employees. This can prove very dangerous as employment tribunals are becoming very familiar with this trick and an
unfair dismissal claim can prove very expensive. If you aren't getting rid of a worker for redundancy, don't misuse the term – instead make sure you know exactly what you are doing and follow the correct procedure.
Contact our Redundancy Solicitors