Redundancies & Dismissals Lawyers Paisley, Scotland

Redundancies are difficult for employers and cause stress for employees. They happen for various reasons, for example because an employee’s job no longer exists, the business is closing, there is no availability for certain work or there is a need to reduce the size of the workforce. Redundancies may also occur because of a restructuring of the business or modernisation of the workplace practices and procedures.

Employees have rights that must be looked after before any redundancies can take place. This generally includes:

  • a right not to be unfairly selected for redundancy, i.e. the employer should keep in view the employee’s level of experience or capability to do the job;
  • a right to a statutory redundancy payment (and contractual redundancy pay) and notice;
  • the option to move to a different position;
  • time off to find a new job; and
  • a consultation with the employer.

At Hunter & Robertson Solicitors, we can provide timely and clear advice to help you deal with redundancies. We will make sure your employees’ rights are protected to reduce the risk of disputes.

Redundancy consultation

Employers are required to consult with their employees before making any redundancies. The employees should be given information on:

  • why redundancies are necessary; and
  • what other options were considered as alternatives to redundancies.

We have experience and expertise in dealing with such situations and can advise both employers and employees on redundancy consultations. For employers, failure to follow a due consultation process may result in a claim for unfair dismissal as employees have a right not to be chosen unfairly for redundancy. Where an employer needs to make 20 or more redundancies, the employees will have a right to be consulted collectively, through their workplace or trade union representatives. There is a specific time frame within which the consultation should begin, and this must be at least 30 days before the first dismissal takes effect if the number of employees who are to be made redundant is between 20 and 99. For more than 99 employees, the consultation must begin 45 days before the first dismissal takes effect.

Failure to comply with the consultation requirements could result in claims for “protective awards”, a form of compensation. At Hunter & Robertson, our employment lawyers will make sure the correct procedures are followed when you decide to make any number of redundancies. Any claims for dismissal are not only demoralising for the workforce but may also result in bad publicity for the employer. We ensure redundancies are handled in such a way that the employees are encouraged to part ways on acceptable terms.

What Are The Points Considered by The Employers at The Time of Redundancy?

Employers are required to use a fair way of selecting their employees for redundancy. The common points considered by employers are:

  • employees’ length of service or last in, first out rule;
  • disciplinary records of the employees; and
  • staff reviews and appraisal systems taking into account skills and qualifications, etc. This can take place when the employee is asked to reapply for a job.

Employers do not need to follow the selection process if they are closing down the business. We understand that selecting employees for redundancy can be a challenge. We use our extensive experience in this area to help employers and employees achieve the best possible outcome.

Unfair Dismissal and Discrimination Claims Solicitors Paisley

Employees cannot be selected for redundancy if they are exercising certain rights, for example:

  • carrying out health and safety activities or taking action on such grounds;
  • maternity or paternity leave;
  • exercising statutory rights;
  • making a disclosure about wrongdoings at the workplace (known as “whistleblowing”); and
  • taking part in trade union activities.

Redundancies based on any of the above reasons may trigger claims not only for unfair dismissal but, depending upon the workforce, for pregnancy, disability, age and race discrimination if the redundancies are not handled correctly. We have advised clients in cases of this nature and this experience allows us to quickly identify and manage any issues before they increase the risk of litigation.

Advice for Employees in Redundancy Situations

Being made redundant can be highly stressful, particularly if you have been with your employer for a long time or if you believe the reasons for your redundancy are unfair. We advise employees on their rights in redundancy situations. We will let you know if a correct redundancy procedure was followed and if there was appropriate consultation. We can provide expert advice and representation in complex situations, for example in the case of business transfers, mergers and outsourcing, etc.

Remember that your employer does not have an obligation to create a new role for you. However, if you feel that there is a similar role available and you are not being offered that role, we can review your situation and let you know whether you have a claim for unfair dismissal.

We have extensive knowledge of employment law and can provide advice on how to protect your best interests at the most difficult of times in your career. We will help you negotiate the best deal and offer expert guidance on compromise and settlement agreements.

 

Contact Hunter Robertson Solicitors - Expert Redundancy Lawyers Paisley, Scotland

If you need to make redundancies or you are being made redundant and need specialist advice on the legal processes and procedures, our dedicated employment law specialists are at hand to assist you and explain your legal rights and obligations.

We will fight for the best outcome for you in any situation, including if the matter has gone to an employment tribunal. We offer expert representation at the tribunals and will support you through each step. Call us on 0141 530 4405 or fill in our online contact form.

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