Typically, redundancy situations often arise when a business closes completely. Equally, it can occur when reducing the number of workplaces, or (most commonly) when the business needs fewer people.
Employment Lawyers – Redundancy Process
By law, as an employer, you will need to show that a genuine redundancy situation has arisen. In addition, that you have followed a fair procedure in making your staff redundant. As a result, if you cannot prove this, you could face a claim for unfair dismissal. However, our team of experienced solicitors can help you to navigate this difficult time. They can help you take control of the situation early on and avoid any escalation of the matter.
What is considered a fair procedure?
Firstly, warn staff of the potential redundancy situation and consult with potential redundant employees individually
Secondly, identifying the pool of possible employees at risk of redundancy and carrying out a fair selection process, based on objective scoring criteria
Thirdly, searching for and, if available, offering alternative employment to employees at risk of redundancy.
Lastly, where the decision is made to make staff redundant, you should offer them the opportunity to appeal against it.
Redundancy Legal Advice for Employers
Importantly, making redundancies can be challenging, especially for small and medium-sized businesses that often know their employees personally. Therefore, our Employment Team is here to help, we can navigate the redundancy process for you and discuss the best steps to take.
Common redundancy mistakes
Although many employers can show that a genuine redundancy situation exists, they routinely fail to follow the right process.
- Firstly, not considering alternatives to dismissal
- Secondly, incorrectly identifying the pool of employees at risk
- lastly, failing to offer alternative employment if available
Unfortunately, these mistakes can result in damaging claims against your business and lengthy litigation that could be avoided if dealt with correctly.
Therefore, employers who may be faced with making their staff redundant can invite them to apply for voluntary redundancy instead. This can ease the situation and avoid compulsory redundancy.
But at Attwells, we are committed to making the law simple, by using plain English and providing practical advice and unparalleled support.
Making someone redundant – Our legal fees
To help SMEs we have two pricing options:
- Firstly, you can either agree to fixed fees with us in advance for each stage of your matter. As a result, this provides you with complete control over costs upfront.
- Or alternatively, you can instruct us on an hourly rate. Consequently, we wil provide a maximum estimate for costs and monthly billing for all hourly rate work.
In addition, we will advise you of the fee rates applicable to your matter at the very outset.
However, whatever the issue, Attwells are here to get you the best possible outcome for your business.
What you can expect when instructing Attwells Solicitors