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.
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
First class throughout 100% better than last time we moved house and used a different firm. Always responded to promptly with appropriate detailed replies. First ClassMr N, Ayr
Thank you for the support during a difficult time.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
Everything was done extremely professionally.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
All very prompt, efficient, clear, friendly and personable. Not overwhelming with legal jargon. Many thanks for making the process of setting up a will so straightforward.Mrs D, Troon
We required our Wills to be amended and that was done without any problems whatsoever.Mrs F, Ayr
Very business-like and helpfulMr 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 CompanyMr H, Ayr
Excellent service most happy with attentiveness and customer service.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
Great service and always on hand to answer our questions. Prompt and efficient response.Mr H, Ferniegair
Questions and communication were answered promptlyMr W, Sinclairston
Speaking from my own personal experience I was perfectly happy with the service I received. Everything was done to my satisfaction.Mrs I, Largs
Very efficient, timely and very mannerly on the phoneMr 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
A very prompt and friendly service, a pleasure to deal with.Mr R, Aberdeen
Robert was very supportive.M Carruthers, Kilmarnock.
Great, Rebecca was very pleasant to deal with and went out of her way to help with our caseS Everett, Kilbarchan
The solicitor / paralegal I was dealing with was very professional and performed to a high standard. I was very impressed.B Ferguson, Methil
Local firm, word of mouth good reports.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
All emails and calls were dealt with promptly. Very impressed. Very very pleased with service.Mr and Mrs H, Hull
I enjoy the friendly atmosphere. Very professional.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
Prompt quick efficient communication.Mrs K, Cumnock
Ease of making appointments and timescale for completion of business all good.Mr & Mrs T, Maybole
Gave reassurance and comfort at a stressful time. I felt ten times better after our first meeting and support provided ultimately exceeded my desired outcome.Mr N, Saltcoats
The supportive way that the advice was provided along with the willingness to fit appointments in with our requirementsMr R, Ayr
The whole process was handled with upmost professionalism throughout.Mr McN, Kilwinning