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Redundancy

Redundancy Solicitors in Ayrshire & Dumfries and Galloway

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:

  • For each year you were aged under 22, half a week’s pay
  • For each year you were aged over 22, but under 41, a full week’s pay
  • For each year you were aged 41 or older, one and a half week’s pay

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.

Graeme McKinstry Chairman
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Graeme founded The McKinstry Company in 1984, after successfully negotiating an earn-out from his previous partnership. He has overseen the development and consolidation of the practice from a predominantly litigation based service, to a thriving High Street firm across several legal sectors. His primary role now is Chairman, undertaking strategic review and development, while holding the Partners to account.

Outside of McKinstry, Graeme has a Practice Management Consultancy where he focuses on management issues in small to medium sized legal firms. His business acumen and experience in the commercial world was recognised in 2015, when he was appointed President of Ayrshire Chamber of Commerce and Industry.

In his spare time, Graeme can regularly be seen looking for his ball in the gorse of rough at Royal Troon or Turnberry Golf Course.

Frances Evans Partner
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Frances joined Team TMC as a Partner in 2017, and heads up the Property and Business Law team. Having trained at a large Glasgow firm, Frances has worked in commercial property since 2000. She is highly experienced in a wide range of commercial property work, including investment acquisitions and disposals, leasing and secured lending. She acts for a broad range of clients, including landlords, tenants, developers and industry.

Frances enjoys spending time with her family and friends, and is an avid reader.

Robert Honeyman Partner
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Robert is Head of our Litigation Department, where he oversees all contentious cases. His remit includes employment, contract disputes, commercial court work and all aspects of personal injury litigation. With extensive experience of handling cases in the Employment Tribunal, Sheriff Court and Court of Session, Robert was recognised by the Association of Personal Injury Lawyers and the Law Society of Scotland in 2010, as a Specialist in Personal Injury Litigation.

Having joined the firm in 1997, Robert is well respected among clients and peers, and is widely regarded as an organised, proactive and diligent litigator, who will go the extra mile to get the best results for his clients.

Robert is a keen golfer (although not reflected in his handicap) and enjoys running. He also supports a number of charitable and community projects, and is Past President of Largs Cronies Burns Club.

Debbie Dunlop Partner
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Based in our Girvan office, Debbie is a Partner who is highly experienced in Private Client work, particularly in the agricultural and farming sectors. She used to enjoy travelling the world, but now married to a farmer, she spends her weekends in wellies, feeding cattle or on the back of a quad bike. Debbie is also a member of the Agricultural Law Association.

Having lived in Rome for a number of years, Debbie also studied Law at the Université d’Auvergne in Clermont-Ferrand – as a result, she is fluent in both Italian and French. She can also speak a bit of Spanish, thanks to travelling around various Central and South American countries, including walking the Inca trail. She has managed to convince her husband that the cattle in Argentina will be worth a look at some time soon!

A keen runner, Debbie has competed in 10Ks and half marathons, even completing the Rome Marathon. This now comes in handy during lambing time chasing after ewes.

Ayr Sandgate

Queen’s Court House
39 Sandgate
Ayr, Ayrshire
KA7 1BE

01292 281711
enquiries@mckinstry.co.uk

  • Disability access
  • Parking close by

Girvan

146-148 Dalrymple Street
Girvan, Ayrshire
KA26 9BQ

01465 713118
enquiries@mckinstry.co.uk

  • Disability access
  • Parking close by
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Some of our happy clients

  • Really helpful and friendly always replied to calls and emails. Thank you very much for all your help and advice and hard work.

    Mr S, Auchinleck

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    Mr N, Ayr

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    Mrs M, Ayr

  • Every email was timely and actioned quickly. Kirsty and Libby were exceptional to deal with. They kept me informed in a timely manner with the added complication of our sale being carried out whilst we are currently based in America.

    Anon.

  • My emails were always responded to in a timely manner no matter who I was dealing with. Thank you to Nat and Kirsty who helped throughout our move and during some difficult times when lock down was first announced! They have both been great.

    Miss K, Dalry

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    Mrs G, Ayr

  • Very happy with the way my case has been dealt with despite working restrictions due covid 19 - thank you. Calls & emails always responded to within reasonable timescale. Very impressed with lawyers and staff I have dealt with during current case and previous divorce case very friendly and efficient.

    Mrs H, Ayr

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    Mrs D, Troon

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    Mrs F, Ayr

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    Mr M, Ayr

  • I was very impressed with the professionalism shown by all members of staff I had any dealing with. All calls and emails were relevant to the sale of my flat. All questions I had were dealt with at the time. For any further legal matters I will certainly be using The McKinstry Company

    Mr H, Ayr

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    Mr F, Condorrat

  • Nat & Libby efficiently dealt with every question I had.

    Mrs K, Ayr

  • Kirsty understood our weird schedule when we were often 8 hours behind UK time, and simplified things for us by liaising via email. She was extremely approachable and dependable. In Kirsty’s absence, Jodie and Nathaniel would step in and communicate with us, and were very helpful too.

    Mrs N, Ayr

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    Mr H, Ferniegair

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    Mr W, Sinclairston

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    Mrs I, Largs

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    Mr McN, Mauchline

  • The service was superb.  Kirsty and team were extremely helpful.

    Mr and Mrs R, Ayr

  • First class service from start till finish. Always there to give help and advice.

    Mr R, Ayr

  • Great service and advice from a good professional company.

    Mr R, Kilmarnock

  • Excellent, very friendly and professional. I will be using you for all my property transactions in the future!

    Mrs S, Godstone

  • My case was handled sensitively and smoothly.

    Mr N, Ayr

  • Everyone concerned in the sale of our property was very efficient and kept us up to date with all happenings.

    D Ferguy, Cookstown

  • Great service.  Would recommend you to others.

    Mr S, Kirkmichael

  • Communication was always available when required. Made me feel confident throughout the process.

    Mr L, Ayr

  • Always replied or phoned back when I needed my questions answered.

    Miss McF, Patna

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    Mr R, Aberdeen

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    M Carruthers, Kilmarnock.

  • Great, Rebecca was very pleasant to deal with and went out of her way to help with our case

    S Everett, Kilbarchan

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    B Ferguson, Methil

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    K Rooney, Glasgow

  • All queries were dealt with in a prompt and professional manner and I was kept informed of progress as events developed. Thank you very much for making a difficult situation much easier to deal with.

    Mrs McG, Ayr

  • Communication via telephone and email was regular, prompt and comprehensive. All queries and questions were answered with no delays or problems. My experience with the McKinstry Company was pleasant and smooth.

    Mr McK, Ayr

  • My family and I received excellent service from everyone with whom we had contact. The service was of the highest standard and, as I have in the past, I will continue to recommend the company to anyone seeking legal assistance.

    Mrs S, Ayr

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    Mr and Mrs H, Hull

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    Mrs A, Ayr

  • Mr Honeyman was very professional and knowledgeable which made us feel reassured. Very happy with the service and if I needed a solicitor again I would get in touch.

    Mr B, Ardrossan

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    Mrs K, Cumnock

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    Mr & Mrs T, Maybole

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    Mr N, Saltcoats

  • The supportive way that the advice was provided along with the willingness to fit appointments in with our requirements

    Mr R, Ayr

  • The whole process was handled with upmost professionalism throughout.

    Mr McN, Kilwinning
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