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Did Your Ex-Employer Take The Right Redundancy Route?

November 14th, 2017

Sometimes a business has no choice but to make redundancies – but did they go the right way about it?

Speaking to Real Business, barrister Tilly Harries and solicitor James Buckley – both of PwC – stated that employers who get redundancy wrong are at risk of tribunal proceedings, but how many of those affected by ‘restructuring’ or ‘streamlining’ know what’s right and what’s wrong?

In order to carry out redundancies in a manner that acceptable in the eyes of British employment law, the employer must undertake a fair and reasonable selection process identifying the members of staff who will be made redundant.

The business must consult with these employees and explore ways to prevent the redundancies, including offering individuals posts elsewhere in the company.

In addition, employees must be allowed a reasonable period of time off during their notice period so they can find alternative employment or training.

Finally, a redundancy payment to affected staff must be made considering statutory and contractual entitlements.

Employers carrying out mass redundancies are also required to inform employee representatives, as failure to do so can lead to an award of as much as 90 days’ full pay to each individual up for redundancy.

“In our experience, the key to a successful redundancy process is planning, allowing adequate time and keeping channels of communication with employees and their representatives open,” Harries and Buckley said.

Redundancy is a very serious matter and if you believe your former employer took the wrong approach to making redundancies, it might be time to seek advice from one of our redundancy solicitors.

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