Redundancy Advice for Employers
As a result of the coronavirus pandemic, redundancies are now at record levels, increasing faster than during the last recession in 2008/2009, with fears that the worst it still yet to come once the furlough scheme closes at the end of September 2021.
Redundancy situations often arise where a business closes completely, reduces the number of workplaces or (most commonly) where it needs fewer people carrying out work of a particular kind.
By law, employers must show that a genuine redundancy situation has arisen and that they followed a fair procedure in making you redundant.
If they fail to do so, they could face a claim for unfair dismissal. A fair procedure involves the following:
- Warning of a potential redundancy situation and consulting with potential redundant employees individually
- Identify the pool of possible employees at risk of redundancy and carry out a fair selection process, based on objective scoring criteria
- Search for and, if available, offer alternative employment to potentially redundancy employees
- Where the decision to dismiss by reason of redundancy is taken, offering the opportunity to appeal against dismissal
Many employers are able to show that a genuine redundancy situation existed, but routinely fail to follow a proper process. For instance by not considering alternatives to dismissal, incorrectly identifying the pool of potentially redundant employees or by failing to offer alternative employment.
Any failure to follow a fair process, establish a genuine redundancy situation, or show that redundancy was the true reason for dismissal can result in huge claims for compensation against your business and time consuming and stressful litigation.
Many employers faced with a redundancy situation will invite employees to apply for voluntary redundancy as a means to avoid compulsory redundancy and we can advise you on the best steps to take to protect your business, from start to finish.
Making redundancies can be challenging at any time, especially for SME’s who are likely to know their employees personally. Attwells Solicitors are committed to making the law simple. We use plain English and provide unparalleled support. If you are considering making redundancies, we are here to help guide you through the process, step by step.
Making Someone Redundant - Our Fees
We offer genuine value for money to our clients, allowing clients the option of either agreeing with us fixed fees for each stage of your matter in advance, providing you with complete transparency and control over costs, or the option of hourly rates, dependant on the seniority of the fee earner undertaking the work on your behalf. We provide ‘costs ceiling’ arrangements and monthly billing for all our hourly rate work, allowing you to keep a regular handle on costs. We will advise you of the fee rates applicable to your matter at the very outset.
Whatever the issue, Attwells are on hand to help you get the best possible outcome and tenaciously defend your business.
To find out more, call us on 01206 766333 or email us.