Redundancy situations arise when a business is closing, where a business is closing a particular site or where a business is continuing to operate but it requires less employees to carry out the work. It is extremely important that the procedure adopted by the employer in a redundancy situation is correct otherwise employment law rights may be infringed. When redundancies are being considered the employer must consult with those employees whose jobs may be at risk.
If 20 or more employees are potentially affected the employer must also consult with any recognised trade union or elected staff representatives. When an employer is not dismissing all employees then their selection process determining which employees are going to be made redundant must be fair and objective. In all cases of redundancy the employer is under a duty to consider deployment of an employee where there are alternative vacancies available. When an employee is made redundant they are entitled to receive notice of termination, a payment in lieu of any untaken annual leave and if they meet certain requirements a statutory redundancy payment. Redundancy is complicated so if you are an employee or employer facing a potential redundancy situation please contact one of our experienced employment solicitors who will help you ensure the correct procedures are followed.
At Mitchells Roberton, we understand that redundancy can be a difficult time for both an employer and an employee. Our team is here to guide you through the process which can be complex.
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