Getting Legal Advice if Being Made Redundant - Prolegal

Getting Legal Advice if Being Made Redundant

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Please get in touch with us straight away if you are affected by redundancy.  We can offer legal advice.  Time limits can be short so we recommend taking formal advice as soon as possible. 

There is a duty on an employer to ensure the selection process for redundancy is fair, reasonable and not discriminatory. As an employee you can challenge the employer by disputing if there was a genuine redundancy situation or whether the redundancy process was fairly implemented.

We can take action against your employer if:

  • You have not been given as much warning as possible, in order to inform you of your rights.
  • The selection criterion is not transparent and available to all at risk, to prevent any discrimination. 
  • The selection made is not fair or cannot be objectively checked by an individual who is not involved.
  • The possibility of suitable alternative employment has not been exhausted.

If you feel you have been selected because of your age, sex, sexual orientation, disability, race, religion or belief, these are grounds for a discrimination claim.

We can help you by advising you on the suitability of the package you have been offered or helping to calculate the payment you should receive.

How we can assist:

If your employer has informed you that you are at risk of redundancy, we will assist you during every stage of the process and advise if you have been unfairly selected or dismissed on grounds of redundancy.

There is a duty on an employer to ensure the selection process for redundancy is fair, reasonable and not discriminatory. As an employee you can challenge the employer by disputing if there was a genuine redundancy situation or whether the redundancy process was fairly implemented.

Procedurally you are entitled to a private consultation with your employer to discuss the possibility of redundancy and any suggestions you may have to avoid redundancy. If you are in a large pool of employees ‘at risk’ of redundancy you may also be entitled to collective consultation with your employer.

Following on, your employer must adhere to the Employment Tribunal’s guidelines and ensure that:

  • You have been given as much warning as possible, in order to inform yourself of your rights.
  • The selection criterion is transparent and available to all at risk, to prevent any discrimination. 
  • The selection made is fair and can be objectively checked by an individual who is not involved.
  • The possibility of suitable alternative employment has been exhausted.

If you feel you have been selected because of your age, sex, sexual orientation, disability, race, religion or belief, these are grounds for a discrimination claim under the Equality Act 2010.

The Employment Tribunal will decide if your employer has followed the process fairly by using a test of ‘reasonableness’ developed from previous cases.  We can advise you on how ‘reasonable’ your employer has been during the redundancy process.

In order to bring a claim for an unfair redundancy dismissal you must have been employed continuously for one year by the same employer. This length of service requirement does not apply if the reason for your dismissal was discrimination.

If the Employment Tribunal finds that you have been unfairly dismissed or discriminated against then you can either request reinstatement to your original role, re-engagement to a similar role or a compensatory award. With our experience, we can help you decide the best outcome for your case.

A claim for unfair dismissal must be brought within 3 months of your dismissal taking effect so don’t delay in seeking advice from our experienced team.

Your redundancy package:

If your redundancy is genuine, we can still help you by advising you on the suitability of the package you have been offered or helping to calculate the payment you are likely to receive.

As a redundant employee, if you have worked for over 2 years with the same employer, you are entitled to a statutory redundancy payment. You may also be entitled to a payment under your contract of employment.

Tribunal claims for statutory redundancy payments must be brought within 6 months and contractual claims within 3 months, so ensure you seek advice from us as soon as possible.

Please get in touch with us straight away if you are affected by redundancy.  We can offer legal advice.  Time limits can be short so we recommend taking formal advice as soon as possible. 

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Prolegal Solicitors Limited, T: 020 7743 6715. DX 40026 Covent Garden. Address: 6 Agar Street, London, WC2N 4HN.

Prolegal Solicitors Limited is a limited company registered in England and Wales, registered number 10328104. Prolegal Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority No. 632656. A list of directors, together with a list of those persons who are designated as partners is available for inspection at our registered office, 5th Floor, 6 Agar Street, London, WC2N 4HN. We use the word “Partner” to refer to a director of the company, or an employee or consultant who is a Solicitor with equivalent standing and qualification. Prolegal Solicitors Limited is in the same group structure as Gordon Dadds LLP.

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Prolegal Solicitors Specialists in Employment Law