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Redundancy

Redundancy Solicitors for Employees

Petts Wood, Blackheath & Bexleyheath

Redundancy is unfortunately a relatively common situation which impacts both businesses and employees.  At Aletta Shaw we understand the complexities and emotional strain that redundancy can bring.  We are here to provide expert legal advice to help you navigate this challenging time with confidence and clarity.

Redundancy occurs when your employer terminates your employment because the work that you carry out has ceased or reduced, or is likely to cease or reduce in the future so that your role is no longer required.

If your employer is considering making you redundant, they must follow specific procedures to ensure that the redundancy is fair and lawful.  Key aspects are:-

  • There must be a fair selection process.
  • The employer must consult with any affected employees.
  • Employees are entitled to a notice period and pay and if you have worked for your employer continuously for a period of at least two years, you will be entitled to a redundancy payment.  The amount of the payment will depend on length of service, salary, age and any relevant contractual terms.
  • Employers should make efforts to find suitable alternative roles with the organisation before making a redundancy.

Redundancy is a potentially fair reason for dismissal for example following a company closure or downsizing, a merger or acquisition, technological advancements or economic downturn.  However, you may be able to challenge the fairness of the decision:-

  • where your employer has failed to follow the correct procedures;
  • if they have used redundancy to hide the real reason for terminating your contract of employment; or
  • where they have incorrectly applied the selection criteria.

Navigating the legal complexities of redundancy can be daunting.  Seeking legal advice will ensure that your rights are protected and help you to achieve the best possible outcome.

  • We can provide clarity as to your rights.  We can assist you to understand your entitlements, including notice periods and pay, redundancy pay and any contractual rights and obligations.
  • We can help to ensure fair treatment.  We can review your case to ensure that you were selected for redundancy fairly and without discrimination.
  • We can assist with maximising redundancy pay.  We can ensure that your redundancy payment has been correctly calculated and help you to negotiate better terms, if possible.
  • We can advise you on your rights regarding re-employment, job search leave and other benefits that you might be entitled to during the redundancy process.
  • If the redundancy has resulted from a business merger or acquisition, we will be able to advise you whether the complex rules set up to protect your employment have been followed.

You may be asked to sign a settlement agreement.  We can advise you on whether what you are being offered is fair and can help you to negotiate a better deal if it is not.  Your employer will usually cover your legal costs relating to this.

Increasingly we are finding that employers are making redundancies without requiring the employee to sign any form of settlement agreement. If you find yourself in this situation, you may instead be asked to sign a letter agreeing to a certain package, or you may not be asked to sign anything at all. In these situations, it is still sensible to seek legal advice to ensure that your rights are protected, that you receive all your entitlements and that the redundancy process was fair.  You should also seek advice about your own obligations to your employer before and after the termination of your employment to avoid the risk of any stressful potential claims against you.

Please contact us on 020 8301 4884 or by email at enquiries@alettashaw.co.uk to arrange a consultation with one of our experienced, specialist solicitors at either our Bexleyheath, Blackheath or Petts Wood office, or by video call.  Alternatively you may contact us using the Contact Form on the right of the screen.

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