Are you considering having to make redundancies from your business? It can be a difficult process and if done incorrectly it can be costly.
Our specialist Derbyshire based Employment Solicitors can help. Our Specialist Solicitors can help guide you through the process.
What is Redundancy?
Redundancy is a form of dismissal. A business may consider redundancy when they wish to reduce the number of their employees.
Redundancy should not be used to replace one employee for another but only when the job is no longer required.
When an employee is made redundancy, the employer may have to provide;
- redundancy pay
- a notice period
- a consultation process with the employees
- options to move to a different role
- time off to fine a new position
What is the selection process?
When choosing which employees to make redundant the employer should ensure that the process is fair.
There are a few common methods such as
- Last in, first out
- Asking for counters
- Looking at an employee’s disciplinary records
- Doing a review of each employee’s skills and qualifications.
What can be classed as unfair selection?
If you do not select which employees are to be made redundant in a fair method then an employee may bring a claim for unfair dismissal. This can be through the employment tribunal. Defending an employment tribunal on this basis can be expensive.
Some of the characteristic which might be considered unfair include;
- Marital status
- Sexual orientation
- Religion or belief
- Your membership or non-membership of a trade union
- Health and safety activities
- Working pattern, for example part-time or fixed-term employees
- Maternity leave, birth or pregnancy
- Paternity leave, parental or dependants leave
- An employee who is exercising a statutory rights
There are other reasons which also might be consider unfair and this is by no means an exhaustive list.
If you are considering a making some employees redundant at your business we would recommend that in the first instance that you seek advice. It maybe that you can avoid a redundancy situation.
Lovedays Solicitors has been acting for business in Matlock, Wirkworth and the surrounding areas for over 100 years. Our team to Employment Solicitors will be able to advise you in the best course of action for both your business and your employees.
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Why Choose Us?
- Delivering a first class legal service for over 100 years.
- We combine our local knowledge with up-to-date legal practices and technology to ensure that your needs are met and your expectations fulfilled.
- There are no hidden charges with any of the work we carry out for clients.