Being Made Redundant?
Employers often get redundancies wrong. Either they tell employees that their roles are redundant when that is not the case, or they fail to select and/or consult fairly by putting too few employees in the redundancy selection pool or failing to score accurately.
Joelson – Expert Redundancy Advice
If you are a senior executive faced with redundancy we can act on your behalf to try to ensure you secure an enhanced redundancy exit package. If you have been offered a settlement agreement as part of a redundancy process, we can advise you on the terms of that agreement and seek an increase in the amount on offer or more favourable terms.
Where you get advance notice that your employer is about to start a redundancy consultation process, this is often the time to take action. This might involve raising a complaint in order to give you some protection/negotiating power later (especially where you have been subjected to historical mistreatment). Alternatively you may wish to encourage your employer to offer you favourable exit terms. We can help to enhance your position from the outset, by advising you how to maximise your negotiating position to help you get the best possible exit terms from your employer.
The first question is usually whether there is a genuine redundancy situation. Where there is no actual reduction in the need of the business for someone to do your role, this test may not be satisfied and any resulting dismissal could be unfair.
Has Proper Redundancy Consultation Taken Place?
A redundancy consultation process is supposed to be a meaningful and fluid discussion between employer and employee to discuss ways of avoiding possible redundancies and considering possible alternatives. Frequently however the process is a sham, with a pre-determined outcome (i.e. your dismissal). Where the message from your employer is that you will be dismissed in any event, this indication can be used to your advantage in negotiations.
If an employer wishes to make 20 or more employees redundant within a certain timeframe, rigid statutory obligations apply including a minimum period of consultation.
If an employer fails to comply with its obligations, this can result in a protective award of up to 90 days’ gross pay being awarded. If you need advice on protecting your rights in relation to your redundancy, our expert employment lawyers are available to advise.
Restructure or Reorganisation?
A redundancy situation may arise due to a business restructure, team reorganisation or business relocation. Often this will involve creation of a new role and an invitation to apply for the new position. Again, selection may be open to challenge. If your employer announces a potential restructure or reorganisation you should seek legal advice to protect your position.
Why Choose Joelson?
Choosing an experienced, top ranked and approachable employment law team for advice on your redundancy situation is important. Our London redundancy solicitors have significant experience in this area and our solicitors have been ranked amongst the best lawyers in the UK in the latest Legal 500 guide.