When an employer has a need to reduce its workforce, redundancy is usually the route it takes. As an employee, it is essential to know your rights to make sure that your employer treats you fairly. Our friendly, practical solicitors can support you through this difficult time, focusing on finding the best possible resolution for you.
If you are facing redundancy, you will have certain rights, and may be eligible for redundancy pay, a notice period, a consultation with your employer, the option to move into a different role or to another branch, and time off to look for a new job.
Employers have a strict process to stick to when making redundancies, and your selection has to be fair. It is a good idea at this time to take legal advice. That way you can ensure your rights are being adhered to, that the process has been fair and that you are not actually being unfairly dismissed.
Here at Pickering & Butters we have a dedicated team of employment law specialists on hand to help. Well versed and experienced in all aspects of redundancy and dismissal, we are ready to provide the guidance you need to ensure your best interests are being maintained.
Get in touch with our redundancy solicitors in Stafford and Rugeley
How our redundancy lawyers can help
Just being faced with the risk of redundancy can be hugely stressful, particularly if it comes as a surprise. It is normal for employees to not fully understand their legal rights, but this can place them at a disadvantage when dealing with a problem at work.
The help of a specialist redundancy solicitor at this time can be crucial. We are here to empower employees and help them enforce their rights. If you absolutely have to leave your job, we will make sure that you walk away with everything to which you are entitled.
Here are some of the ways we can help you:
Advice on redundancy rights
We can provide simple, straightforward advice about your employment law rights, including:
- Statutory redundancy pay
- Contractual redundancy pay
- Holiday pay and other pay issues
- Notice periods
- Whether your selection for redundancy is lawful
- Your options if your employer is treating you unfairly
- Customised advice, such as what to do if you are pregnant and facing redundancy
- Negotiating enhanced redundancy packages
Settlement Agreements are an increasingly popular way for employers and employees to resolve disputes about all types of employment law issues, including redundancy.
If your employer offers you a Settlement Agreement, it is important to have the document looked over by a solicitor. We can provide advice about the terms and ensure you are getting the best possible deal. It is also a legal requirement that the employee receives independent legal advice for a Settlement Agreement to be considered valid.
As part of a Settlement Agreement, your employer will often agree to pay you a sum of compensation as well as providing other perks. However, in return you will be asked to waive your legal claims; this means that once you have signed the agreement, you will no longer be able to take your claims to employment tribunal.
- Help you decide whether entering into a Settlement Agreement is right for you
- Review the terms of any agreement and provide advice
- Negotiate with your employer about the terms on your behalf
Under TUPE (the Transfer of Undertakings (Protection of Employment) Regulations), You have special legal rights if your job is transferred to a new business by your employer.
Our expertise includes:
- Providing advice on whether TUPE applies to you
- Providing advice on accepting transfers under TUPE
- Ensuring your legal and contractual employment rights are respected and protected
Redundancy employment tribunal claims
We can help employees resolve employment law disputes and make all types of redundancy related claims, including:
- Providing advice on your right to bring a claim – for example, typically, you must have worked for your employer for at least two years
- Advice on bringing a claim where you have reason to believe that your redundancy is not genuine or that your employer did not follow the correct procedure
- Disputes regarding redundancy pay, notice or any other issue
- Advice on discrimination claims, including redundancy on the grounds of pregnancy, maternity, marital status, sexual orientation, gender, religion & belief, age, race or disability
- Advice on redundancy related harassment, bullying and victimisation
- Claims for unfair dismissal, wrongful dismissal or constructive dismissal
In the vast majority of situations we are able to help our clients reach an out-of-court settlement saving them the time and stress of going all the way to the Employment Tribunal. As skilled negotiators, we have a strong track record of being able to persuade employers to enter into agreements which are beneficial to our clients while also being commercially realistic for the business.
However, our primary focus is always to seek the best possible solution for our client. So if an employer is unwilling to agree to an adequate solution, we have experience representing clients during litigation.
Covid-19 redundancy advice
Unfortunately, redundancies in the UK are reaching a record high due to the Covid-19 pandemic. However, even though your employer may feel backed into the corner by the situation, it is still important that they respect your employment law rights. If you have worked for your employer for at least two years, the coronavirus pandemic does not mean that you can be dismissed without a fair process or for a good reason.
Our redundancy law specialists are here to help if you are facing redundancy at work due to Covid-19. We can advise on all Covid-19 redundancy matters, including:
- Your employment rights during Covid-19
- Redundancy during furlough
- Redundancy after furlough
- Maternity and paternity rights during Covid-19
- Employment rights for carers and people who are ‘clinically vulnerable’
- Redundancy due to health & safety and return to work concerns
Does the Covid-19 pandemic change your employment law rights?
No. You are entitled to all the same redundancy rights as you were before the pandemic. This could include redundancy pay, notice period, and an expectation that your employer will follow a fair process.
One difference is that your employer may have the option to place you on furlough leave instead of making you redundant. So, you can ask your employer to place you on furlough, but you have no automatic right to furlough leave.
Can your employer ask you to work while on furlough leave?
No, it is against the rules for employees to do any work for their employer, including ‘volunteer work’ while on furlough leave.
Additionally, if your employer threatens to make you redundant if you do not work while on furlough leave, the redundancy is likely to be unfair.
Can your employer make you redundant while on furlough leave?
Yes, but your employer must still follow the rules on fair and genuine redundancy. You are still entitled to all your statutory and contractual redundancy pay as well as notice and other compensation.
Your pay must be worked out according to your normal wages, rather than based on your reduced furlough rate. This can be difficult to work out, so get in touch with our Employment Law team for bespoke advice. We can help you advocate for your rights if your employer is trying to undermine them.
Get in touch with our redundancy lawyers in Stafford and Rugeley
If you are in a redundancy dispute with your employer, it is important to contact us as soon as possible because there are strict time limits governing when you can bring a claim. Typically, you have three months less one day to make unemployment tribunal claim, unless the case concerns redundancy pay, in which case the time limit is six months.