Redundancy is, as you can see on our Unfair Dismissal page, one of the five fair reasons that an employer can dismiss an employee for.
It is, as with Unfair Dismissal, a remedy available only to employees, and, as with Unfair Dismissal, requires a minimum of 2 years continuous employment.
Making redundancies is a process, and will happen in the following scenarios:
- The business is closing down entirely
- The business is ceasing to operate in a single location
- The business is ceasing to do a particular thing in a single location
- The business is ceasing to do a particular thing in all locations
- The business is doing less work than before in a single location
- The business is doing less work of a particular kind in a single location and/or all locations
If you are made redundant you will receive a redundancy payment – which is calculated on a fixed statutory basis, although this can be supplemented by a contractual scheme and/or discretionary payments.
If that decision has been made unfairly, or the correct procedure has not been followed, then you may be entitled to more compensation under different headings. We can help you to see if that applies to you.
Redundancy itself is an economic decision, which is entirely up to the business. Employment law cannot and does not impinge on the actual business decision itself – whether it was the right decision to cease production; move location; or whatever other decision they have made is not within the jurisdiction of the Tribunal.
What they will look at is how that process was undertaken, whether it was genuine, and the general fairness of the procedure and consultation.
When we see employees about redundancy situations it normally falls into one of two things – either they do not believe the redundancy is genuine and that it is being used to remove them from the business; or they are concerned about the actual way it is being dealt with and often how the selection has been done.
We are here to help you whatever your queries are about any redundancy process that you are going through. We offer an initial free consultation – which may be enough to clarify your issues or may reveal a deeper issue which would be worth taking full advice on.
For senior employees, it’s important to make sure that any departure from the business takes into account any benefits you may be receiving, any shares you may own, your tax position and your pension position. We have experience in negotiating complex financial areas and have links with experts to ensure that all the areas you are concerned about can be given a full professional view and clear advice provided.
For more information or to discuss your circumstances with our expert Redundancy Solicitors in York & Leeds, please call us on 01904 360295, email email@example.com or complete our contact form.