Redundancy for Employers
At Askews Legal, our employment law solicitors advise organisations on redundancy and can manage the process on their behalf.
While no business wants to make employees redundant, it is warranted and necessary in some situations.
Redundancy should always be carried out with care and attention to detail to avoid the potential for future claims of unfair or wrongful dismissal. Whatever the reasons for making staff redundant, by engaging the services of our Employment Law Solicitors, you can be assured that employment law best practices will be followed, and we will always consider the best interests of those involved in the process. Core to our ethos is that we will take care of the matter for you as much as possible. This will allow you and your colleagues to focus on your main roles within the organisation. Given the circumstances and the number of people potentially being made redundant, we will recommend a strategy and ensure the correct consultation process is followed. Our Employment Law Solicitors have been recognised in the Legal 500 and have a robust reputation for guiding businesses in Coventry, Warwickshire and across the Midlands through the process of redundancy.
Askews Legal is a diverse, multi-lingual law firm, our solicitors use best-in-class technology to provide clients with streamlined, modern, and highly effective employment law advice and representation. Our years of experience in employment law means we have a robust reputation for excellence with the UK’s best Barristers and King’s Counsel, Accountants and Counsellors who can bring additional support to our employment law department if required. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.
Below are some of the most common questions employers have concerning redundancy.
What are the main steps involved in redundancy?
In accordance with the recommended ACAS process, the steps involved in redundancy are as follows:
- Check that redundancy is appropriate – redundancy only applies where part or all of the organisation is being closed, there is a change in the type and number of roles needed to perform certain work, or there is a change of location. Redundancy should never be used as a means of handling disciplinary matters.
- Check if collective consultation is required – staff should be collectively consulted if more than 20 employees are at risk of redundancy
- Make a redundancy plan – this should outline the options considered, the number of possible redundancies, how you will keep those affected up to date throughout the process, how you will consult with those whose jobs are at risk, timescales, how you will reach an agreement on fair selection criteria, how redundancy pay and notice periods will be handled, and how any appeals will be managed.
- Provide guidance and training to members of staff who will need to manage the process
- Inform your employees (all affected employees, not just those at risk of redundancy)
- Hold redundancy consultations – this process must be handled correctly to avoid claims of unfair dismissal. This may also involve holding collective consultation with trade unions or other employee representatives.
- Make the final selection of employees for redundancy
- Calculate any redundancy pay owed
- Issue redundancy notice – including explaining the appeals process
- Offer alternative employment where this is a possibility
Why might an employee bring a claim of discrimination during redundancy?
All businesses considering making staff redundant need to ensure that they do not discriminate against an employee on the basis of:
- age
- disability
- gender
- marriage or civil partnership status
- pregnancy or maternity leave
- race
- religion or belief
- sex
- sexual orientation
- family-related leave
- trade union membership
- part-time or fixed-term status
- pay and working hours
- whistleblowing
Discrimination can be direct or indirect. The best way to protect yourself from a claim for discrimination being brought following making staff redundant is to contact us at the beginning of the redundancy process so we can advise you on a clear and compliant strategy.
What support can we provide to those affected by redundancy?
Facing redundancy can be extremely difficult for those concerned (including for those who stay). Where possible, employers should consider putting in place a package of assistance including counselling, assistance with finding new employment, allowing those affected to have paid time off to attend interviews or training, drawing up a new CV, and provide a list of useful resources.
Why choose us?
One of the key elements of business success is having a positive and productive team of people that are motivated to ensure the business meets its growth objectives. Our Solicitors are businesspeople themselves; therefore, understand that every decision you make must encompass commercial reality. We receive most of our instructions via word of mouth recommendations because employers in Coventry and Warwickshire are confident that we have the knowledge and dedication they need to protect their best interests.
We are focused on results and achieving them in the swiftest, most cost-effective way possible. Our Employment Law Solicitors will take care of your legal concerns so you can concentrate on your organisation’s future.
People choose and recommend us not just in Coventry, Nuneaton, Rugby and Leamington, but across Warwickshire, the Midlands and the whole of the UK., because we get results.
To talk to us about making employees redundant, please contact us using the form below, call us on Coventry (02476) 231000, email enquiries@askewslegal.co. or visit us at our city centre offices in Coventry.