Redundancy Advice for Individuals
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 are incredibly stressful and daunting for even the most resilient of employees and that is why we take a supportive approach with all our clients who find themselves faced with redundancy.
Redundancy situations often arise where an employer 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, you could have 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, offer 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 process, establish a genuine redundancy situation, or that redundancy was in fact the true reason for your dismissal, can mean that your dismissal was unfair, allowing you to claim for compensation.
Settlement Agreement Redundancy
If you are made redundant and have been employed for more than 2 years, you will also be entitled to a statutory redundancy payment.
A handy online calculator allows you to calculate what you should receive if the worst happens. You will also be entitled to be paid your notice and any accrued but untaken holiday pay.
Many employers faced with a redundancy situation will invite employees to apply for voluntary redundancy. Employers do this in an effort to avoid having to make compulsory redundancies, which could ultimately result in them defending claims for unfair dismissal.
Voluntary redundancy involves your employer offering additional compensation in return for you entering into a settlement agreement, which will involve you signing away your rights to bring an Employment Tribunal Claim.
Your employer will contribute towards your legal costs in obtaining advice on any settlement agreement and therefore we are able to supply a FREE settlement agreement service for those taking voluntary redundancy.
We also offer an online settlement agreement service which allows you to upload your settlement agreement, have it reviewed by a member of our Employment Law Team free of charge and receive a call within the hour.
We pride ourselves on providing excellent client care and pragmatic, plain English advice.
Attwells Redundancy Solicitors has years of experience at their disposal, knowing all too well the arguments to raise and when to ensure that you get what you deserve.
If your legal rights have been breached, we will discuss the options available to you, including a severance package for you to leave amicably and under agreed terms or representing you in an Employment Tribunal claim, such a unfair dismissal.
Redundancy Solicitors Costs
We offer genuine value for money to our clients.
We allow 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 rights.
To find out more, call us on 01206 766333 or email us.