Under UK employment law you have the right to be treated fairly when your role is being considered for redundancy. If you have been notified that your role is about to be made redundant, or you have recently been made redundant, our solicitors can help you understand your rights, ensure you receive fair treatment and help you attain the financial package or compensation you are entitled to.
Contact our lawyers today for more information on how we can assist you.
It is an uncertain time when your role has been placed at risk of redundancy or you have been selected for redundancy. While businesses do have the right to make employees redundant, there are strict processes that need to be followed.
At Morrish Solicitors, we take the time to understand the business decision, restructure and procedure giving rise to your unique situation and can assist you through every stage of the redundancy process.
Our experienced employment solicitors have represented thousands of people in these circumstances and are well placed to support you through this difficult time. We can advise you on your rights, how to potentially avoid redundancy, protective awards or help you to secure a better redundancy package. Ultimately, we want to ensure that you are being treated fairly.
Our specialist team can provide expert advice. If you are being made redundant and would like to speak to a professional please contact our solicitors today.
Whether you have recently been made redundant, or you are at risk of redundancy, our professional lawyers will be able to assist you with all aspects of the redundancy process, including:
We understand that redundancy is a stressful and difficult time. Our lawyers will aim to ease the pressures by offering ongoing support, a friendly ear and expert legal advice.
We recommend seeking advice at an early stage, to give you the best chance of avoiding selection or negotiating a better redundancy package. Often the arguments we can help you with can be raised in the consultation meetings and subsequent appeals.
When more than 20 people are being made redundant at one workplace (Collective Redundancy) there is a legal requirement for consultation with employee representatives, as well as individual consultation. A failure to comply with consultation requirements can give rise to a claim for a Protective Award.
To find out more about this, visit our Protective Award, Insolvency and Redundancy page.
If you are made redundant, you may be entitled to a redundancy payment and possibly further compensation if the decision to dismiss was unfair.
You won’t be entitled to statutory redundancy pay if you have less than 2 years’ service with your employer. However, if you have over 2 years’ continuous service, you can expect to receive:
It is important to note that you are not entitled to more than 20 years’ worth of redundancy pay.
Where enhanced redundancy payments are made, employers will often insist on employees signing a Settlement Agreement prior to agreeing to make redundancy payments.
If you would like advice about a settlement agreement or your redundancy payments, please contact us.
If you are being made redundant, you must be given notice (or a payment in lieu of notice must be made). The length of the notice period or amount of payment in lieu varies depending on your contract of employment and how many years’ service you have with the employer:
The above are the statutory minimum periods.
You should always check your contract of employment in these situations, as you may contractually be entitled to a longer notice period than indicated above.
An employer is able to make redundancies in one or more of the below situations:
The above may result from financial difficulties, restructuring or new processes and systems for example. However, in order to meet the legal definition of redundancy, the dismissal must flow from one of the above reasons.
If a genuine redundancy situation exists, then the employer must follow a fair procedure before deciding who is to be made redundant. Generally, it must:
A failure to follow the correct processes can give rise to an unfair dismissal claim.
Generally, employers will provide you with a right of appeal against the decision to make you redundant. If so, we can assist you with the best arguments to raise to challenge the redundancy, whether it be to question the legitimacy of putting you at risk in the first place, the procedure the employer adopted or lack of consultation and consideration of suitable alternative roles.
If the appeal process fails, you might need to pursue an unfair dismissal claim. Where there is evidence of unfairness, a claim can be pursued in the employment tribunal for compensation for financial loss. If you need to litigate, we can provide robust and effective representation.
Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.
We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.
As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.
All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.
Want more information? Contact a member of our team today.
The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022.
Morrish Solicitors service was excellent. The level of professionalism was exemplary. I would recommend the firm to everyone, due to the standard of service I received. A job well done and thanks so much for helping me through a difficult period and obtaining the best possible outcome.
Mark Stewart, November 2021
Regular updates and clear information without the jargon helped with a group claim that would otherwise have not been awarded
Maddie Daley, January 2022
The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022
Clear and honest communication and available to speak with when required. A very professional service.
Employment Rights Client, January 2022
