A redundancy situation may arise where:

• An employer closes a business and ceases to operate
• A workplace closes
• The need for employees to carry out a particular kind of work has reduced or ceased.

However, even where redundancy appears genuine, the way in which the employer selects and consults employees is critically important. A dismissal may still be unfair if the process is flawed.

Employers must follow a fair procedure when making redundancies, which usually includes:

• Consultation with the affected employees
• Fair and objective selection criteria
• Consideration of suitable alternative employment
• Providing the appropriate notice

For large scale redundancies, collective consultation obligations may be mandatory, which brings with it specific legal requirements and timeframes.

Failure to follow the proper process can lead to claims for unfair dismissal and, in some cases, additional compensation.

Compensation may include:

• Statutory redundancy pay
• Notice pay
• Payment for accrued holiday
• Potential compensation for unfair dismissal if the process is found to have not been fair

Employees with at least two years' service are generally entitled to statutory redundancy pay- a legal entitlement based on age, length of service and weekly pay.

Redundancy cases involve a combination of legal and practical considerations.

How can we assist?

• Assessing whether a genuine redundancy situation exists
• Reviewing the consultation and selection process to ensure fairness
• Advising on redundancy pay and notice entitlement
• Offering guidance on potential claims or negotiating enhanced exit terms
• Representing you in any Employment Tribunal proceedings where necessary

If you are unsure whether your situation qualifies as a genuine redundancy, whether the process has been fair or if you are entitled to better exit terms, early advice can make all the difference.

To arrange an initial discussion, please get in touch.