Redundancy Employee

I am an Employee at Risk of Redundancy/Being Made Redundant: What do I Need to Know?
 

  •  As An Employee, In What Circumstances, Can I be Made Redundant?

An employer may only make you redundant, if the employer has genuine reasons for terminating your employment.

  • What Are My Employer’s Responsibilities When Contemplating Making Me Redundant?

There are a number of key guidelines that an employer must adhere to when contemplating making you redundant:

Planning

Employers are under an obligation to draw up a plan to decide which employees would be kept on or made redundant.

Consultation

Employers should note that in the event that 20 or more employees are to be made redundant, the employer has a duty to consult with your representatives, including any relevant trade unions.

  • How Should My Employer Implement The Selection Procedure?

The employer must show in detail a fair selection procedure.

  • What Could Happen If The Redundancy Is Not Carried Out Fairly?

Employers should take certain steps to ensure that the contemplated redundancy is carried out fairly. In the event that the redundancy is not carried out fairly you may potentially claim for:
 

  1. Wrongful dismissal;
  2. Unfair dismissal; or
  3. Further redundancy payments.
  • How Are Redundancy Payments Calculated?

A redundancy payment can either be based upon the legal minimum or based upon the terms of your employment contract.

  • What Are My Remedies If The Redundancy Is Not Carried Out Fairly?

You may bring the following claims if the redundancy is not carried out properly:

  1. Unfair dismissal
  2. Sex discrimination
  3. Race discriminati
  4. Disability discrimination
  5. Wrongful dismissal
  • A Compromise Agreement?

As a general rule “out of court settlements” of employment disputes are not legally binding in that they cannot exclude your right to take the matter concerned to an Employment Tribunal. However, this is legitimately circumvented by entering into a formal compromise agreement between you and your employer which fulfils certain legal requirements.

  • Are There Specific Requirements To Be Adhered To In Respect Of Compromise Agreements?

One of the most important conditions is that you must have had advice from a relevant independent adviser. Without this a compromise agreement will not be valid.

  • Constructive Dismissal - What Is Constructive Dismissal?

Under English law, you may resign from your position and treat yourself as having been dismissed by your employer, if your employer acts in a way that is deemed a fundamental breach of your contract.

  • What Would Happen If the Mutual Trust And Confidence In The Employment Relationship Has Been Breached?

Any attempt to exclude this covenant from a contract is null and void.

  • What Is The Minimum Disciplinary Procedure That Has To Be Applied In Relation To My Conduct?

You are entitled to the benefit of a minimum standard of formal disciplinary procedure.

  • What Are The Requirements In Respect Of Disciplinary Hearings?

You must be given sufficient time to prepare for the interview. You should also be given an opportunity to appeal against the decision.

If you require any further advice or assistance, please contact us to arrange a meeting: on 0207 488 9947 or by email.  Also visit our Employment Law Page on this Website. We also have Legal Updates on Employment Law that you may find useful.

RT Coopers Solicitors, 2014 

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