Whether your business is downsizing, closing or restructuring, employers need specialist advice to avoid expensive claims.
Employers must follow a fair procedure and must not unfairly select employees for redundancy (for example because of gender). If an employee is unfairly selected for redundancy they will have an unfair dismissal claim.
Employers often make the mistake of believing that employees who do not qualify for a statutory redundancy payment cannot bring a claim if made redundant. This is not the case and an employee selected for redundancy may still bring a claim for discrimination.
The correct procedure to be followed is determined by the number of redundancies that are considered at the same location.
If an employer is considering 20 or more redundancies, there is a statutory duty to consult with employees over a set period of time and a duty to notify the Secretary of State of the proposed redundancies.
We can help you steer through the difficult course of reducing numbers and we have a number of template documents and checklists which we can tailor to fit your exact needs.