Redundancy
Redundancy Lawyers for Employers and Employees
If you are concerned about redundancy, we can help. In the current economic climate, many businesses have been forced to make members of staff redundant. However, proper procedures must be followed; otherwise, it could constitute unfair dismissal.
Our team has excellent experience in advising both employers and employees about matters related to redundancy and can provide the expert advice and assistance you need. To discuss your concerns with a member of our team in strictest confidence, call us today on 01292 281 711 or complete our online enquiry form and we will get back to you right away.
What Are My Rights If I Am Being Made Redundant?
Every member of a workplace has certain rights in redundancy, and the employer must ensure that these rights are upheld and that no one is treated unfairly during the redundancy process. If your employer has indicated to you that you may be made redundant, there are several things they will need to consider. You must be given sufficient notice of your redundancy, and how much notice your employer is required to provide you with will depend on how long you have worked there, and what is stated in your employment contract.
In most circumstances, there will be a consultation process, and you will have the opportunity to discuss your options with your employer. You may not be entitled to a consultation process where there is no selection process, for example, where your job or place of work will no longer exist.
All employees who have been with their employer for two years or longer must be provided with an adequate reason for being made redundant. However, all employees regardless of how long they have been with their employer, must not be subject to discrimination during the selection process.
You may be entitled to a specific notice period, redundancy pay, the option to move to a different role or even time away from work to look for a new position. It is essential to seek legal assistance on redundancy to ensure that you are given proper advice based on your own circumstances.
On What Grounds Can I Challenge Redundancy?
It is possible to challenge being made redundant if you believe the basis on which you have been selected for redundancy or made redundant is unlawful. Under the law, your employer must use a process for selection that is both fair and objective, and you must not be discriminated against on the basis of your age, sex, gender, sexual orientation, race, religion or because of a disability.
Employers must not use systems such as ‘last in, first out’ as this could be discriminatory against younger employees. If you wish to challenge your redundancy, you should seek advice from an experienced employment solicitor.
How Much Redundancy Pay Am I Due?
If you have been employed in your place of work for two years or more, you will be entitled to statutory redundancy pay. Redundancy pay is calculated as follows:
The figure used for weekly pay is the average earned per week across the 12 weeks leading up to the day before you received your redundancy notice. This may be affected by furlough, but for the purposes of calculating redundancy, your usual pay figure will be used.
Where you were made redundant after 6th April 2020, weekly pay for the purposes of calculating a redundancy payment is capped at £538. Length of service is also capped at 20 years for the purposes of calculating statutory redundancy pay.
The maximum statutory redundancy pay you may receive is £16,140, but you may receive more where this is set out in your contract of employment. You will not pay income tax on any redundancy payment of less than £30,000.
Contact The McKinstry Company Redundancy Lawyers in Ayrshire & Dumfries and Galloway
If you are an employer or an employee with concerns about redundancy, or any other employment law matter, get in touch with us today. The McKinstry Company is conveniently located to serve all of Ayrshire, Dumfries and Galloway. When you contact our team, we will discuss your options with you clearly and concisely. We pride ourselves on transparency and will always be upfront about any costs involved, as well as the chances of reaching a successful outcome for you.
To discuss your needs or for more information, contact our employment team on 01292 281 711 or complete our online enquiry form. We look forward to helping you in your working life.
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