Redundancy Solicitors Leeds
What Is Redundancy?Redundancy is defined by three main areas: An employee is made redundant due to the closure of the businessAn employee is made redundant due to the closure of a branch or depot where they work A suitable alternative should be offered wherever possible; this offer should be considered seriously. If an unreasonable rejection is made to alternative locations or positions,this can affect the employee’s right to a redundancy payment. Employees rejecting alternative locations with mobility or relocation clauses written into their contract could be dismissed for gross misconduct, instead of being offered redundancy.An employee is made redundant due to a genuine reduction in the workforce There are exceptions to this area, where employment roles have been updated due to advances in technology. Where changes to the employment role have been made, appropriate training should be given to the employee to update the skillsets required for the position. The employer should not force redundancy on an employee and then replace them with immediate effect.
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Selection For Redundancy
Employers must adhere to legal requirements when selecting employees for redundancy. These include consideration of the employee’s ability, experience, competency and skill sets. Consideration can also include information resulting from appraisal meetings or disciplinary action.
Redundancy cannot include any reason based on discrimination, for example:
- Sexual orientation
- Marital status
- Religious beliefs
- Trade union membership
- Maternity or paternity leave
- Work patterns
- Whistle blowing
Any selection based around these factors is breaking the law set out in the Equality Act 2010 and is liable to prosecution on the grounds of unfair dismissal.
When 20 employees or less are being made redundant at any given time,every employee has the right to an individual meeting to discuss their position.Meetings should include the reason for redundancy, alternative options and the procedure leading to termination.
If more than 20 employees are being made redundant,it is acceptable to have a representative consulting on their behalf. If any of the legal requirements aren’t managed correctly, it could be possible to claim for unfair dismissal.
If you believe you have been subject to an unfair redundancy, contact our dismissal specialists on 0113 4334 118 or at email now. We will show you the best ways to manage your situation to achieve the best possible outcome and awards for your case.
Statutory Redundancy Pay
An employer is legally bound to award employees statutory redundancy pay. If employees qualify for redundancy pay yet fail to be awarded any, or the correct amount, then they can make an unfair dismissal claim. They may also be entitled to make a discrimination claim. Claims against improper redundancy pay must be made within 6 months of termination. Claims for any employment discrimination must be made within 3 months of the most recent act of discrimination.
Employees must be given the following amount of notice before redundancy. Notice is dependent on your time of service:
- Minimum of 1 week’s notice if you were employed between 1 month and 2 years
- Minimum of 1 week’s notice for each year you were employed, for between 2 and 12 years service
- 12 weeks’ notice for continual service of over 12 years
You are entitled to take time off work to look for a new job or to attend training for an alternative role as part of your notice. The amount of time available to you will depend on your personal circumstances.If you choose to take time off work in this way, your employer is entitled to pay you 40% of your earnings for that time.
Entitlement To Redundancy Pay
Employees facing redundancy are entitled to a statutory payment. This is a lump sum dependant on the following criteria:
- Redundancy is applied
- Employees have accrued over 2 years of continuous service since the age of 18
- Workers were an employee of the business
- No suitable alternative employment was available from the employer.
- If an employee refuses suitable alternative employment, they will lose the right to statutory redundancy pay.
- Alternative employment must be offered before the termination of the previous position and must start immediately or within 4 weeks of the termination of the previous position.
- There should be a 4-week trial period for positions that are significantly different from the previous role.
- Employees are entitled to redundancy pay if they refuse an alternative role within the trial period. There are few guidelines to suitable alternative employment and unreasonable refusal.It is the employer’s responsibility to prove both cases if taken to a tribunal. Considerations will be made towards pay, location, work status, hours and schedules and also the employee’s domestic circumstances.
- Specific rules regarding lay-offs and short-time contracts.
- Contracts that cater for temporary lay-offs without pay, or short-time placements with a reduction of pay, are entitled to a redundancy pay claim if laid off or placed on short time for 4 consecutive weeks or for 6 weeks in a 13-week period.
Statutory Redundancy Payment Amount
The payment amount is calculated from the number of weeks earned multiplied by the lower of either their average weekly wage or £508.00.
The number of weeks earned depends on continuous employee service and age:
- For 18–21-year-olds—half a full week’s pay for each year of service
- For 22–40-year-olds—a full week’s pay for each year of service
- For 41–65-year-olds—a week and a half’s pay for each year of service
The maximum number of years in service is capped at 20.This offers a maximum redundancy payout of £15,240.00
Contractual Redundancy Pay
If an employer doesn’t adhere to the legal guidelines relating to redundancy pay or provides a contract that defers from statutory regulations, you should take expert legal advice immediately. These employers are breaking the law and are liable for prosecution.
Employment Solicitors Leeds are specialists in employment services and are here to guide you through every aspect of your contract, including fair treatment during redundancy and protecting your rights as an employee.
Making A Claim For Redundancy
You must make your redundancy claim within 6 months of termination. We will guide you through every step and handle all the legal details on your behalf.
In cases where an employer doesn’t follow the correct protocols for redundancy, we can raise an Employment Tribunal to seek compensation in any area of illegal or unfair treatment. Employers and employees should always consult specialist redundancy solicitors to ensure they are following the correct guidelines set out by law.
If you feel that you are a victim of unfair or illegal redundancy practices and are entitled to make a claim against your employer, contact our specialist redundancy solicitors now. Our expert solicitors will protect every aspect of your rights and entitlements and will help you achieve the best possible outcome and award for your situation.
Contact Employment Solicitors Leeds Now
You can call on 0113 4334 118 or email for an initial consultation regarding your employment position. We will offer you complete and full advice in easy to understand terms to help you to establish the most likely outcomes for your case in a relaxed and pressure-free environment.
We understand how difficult this time can be, so our expertly trained staff deliver all of our services with empathy and understanding. It is entirely up to you whether you decide to pursue your claim or not. We’re here to help you make those critical decisions backed by years of experience and industry knowledge.