Unless the jobs in question will no longer exist due to the closure of that part of the business, as an employer you must use a fair and objective selection process when selecting employees for redundancy. It would class as an unfair dismissal if employees are selected for redundancy for unethical reasons such as:
- gender reassignment
- marital status
- sexual orientation
- religion or belief
- your membership or non-membership of a trade union
- health and safety activities
- working pattern, for example part-time or fixed-term employees
- maternity leave, birth or pregnancy
- paternity leave, parental or dependants leave
- you’re exercising your statutory rights
- whistleblowing, for example making disclosures about your employer’s wrongdoing
- taking part in lawful industrial action lasting 12 weeks or less
- taking action on health and safety grounds
- doing jury service
- you’re the trustee of a company pension scheme
If you are making redundancies, our solicitors can advise on the correct way to carry out the process so that it adheres to the legal framework, is being carried out fairly and employees rights when offering and negotiating a redundancy package.
Depending on the employees employment history, they may be eligible for certain things, such as:
- Redundancy pay
- Holiday pay
- Unpaid wages
- Company benefits
- A set notice period depending on their length of service
- Pay through their notice period or in lieu of notice
- A consultation to discuss why they are being made redundant and any available alternatives
- If more than 20 redundancies are being made at the same time, collective redundancy rules apply which have additional legal requirements
- The option to move into a suitable alternate role within the organisation or an associated company with a minimum four week trial period
- If the employee has been continuously employed for two years by the date their notice period ends, they are allowed a reasonable amount of time off to look for another job or arrange training to help them find another job with a maximum of 40% of one weeks pay.
Our experienced solicitors offer comprehensive and pragmatic advice in relation to redundancies, whether you have made the decision to start, are in the process of or have already made redundancies.
If you are concerned about ensuring the business carries out the correct procedure so employees are treated in accordance with the law and wish to minimise the risk of employment tribunals, we can guide client’s through the process and obtain efficient and positive results for both employers and employees so that the employment relationship is terminated amicably and fairly.
Contact us today on 01745 343661 (Ryhly) or 01492 535640 (Colwyn Bay).