Apart from the sheer human upset caused by the need to restructure or reorganise, redundancy situations are fraught with complexity, danger and hidden pitfalls. It is one area where employers must ensure that they are properly advised by experienced, qualified staff.
The Employment law team at Ironmonger Curtis has years of experience advising employers and employees on redundancy rights. This short note sets out some of key considerations.
If you are looking for information on statutory redundancy payments look here.
Do you need an employment solicitor to help you with a redundancy?
- If you are an employee and you think you need help with your redundancy rights, take a look at our workplace representation page.
- If you are an employer and who needs to implement a redundancy procedure or reorganisation, take a look at our redundancy and reorganisation service.
Is there a genuine redundancy situation?
In order for a redundancy to be fair, there has to be a genuine redundancy situation. This occurs when there is a “reduction in the requirement for employees of a particular kind.” For example, if you currently employ maintenance staff but have sold off the building they maintain, you have a “reduction in requirement” for maintenance employees, and there is a genuine redundancy situation. On the other hand, if you have a poorly performing salesperson, and want to dismiss this person (but intend to replace him / her with another employee) you do not have a genuine redundancy situation and the dismissal should be handled differently (i.e. a performance-related dismissal).
Contact Ironmonger Curtis with Bell & Buxton Employment Solicitors for further information.