Businesses operate in an incredibly competitive
market. Commercial pressures and the need to generate efficiencies
sometimes result in redundancies.
We advise and assist businesses
with re-organisations and redundancies to ensure the process runs
smoothly and the risk of claims is minimised.
When an employer is proposing to dismiss less than 20 employees by
reason of redundancy it must follow a fair procedure to avoid a finding
of unfair dismissal. The legitimacy of the redundancy itself may also be
scrutinised if the dismissed employee contends the redundancy was not
legitimate or the dismissal was for other reasons.
Where an employer is proposing seeking to dismiss 20 (or more)
employees strict collective consultation obligations apply which have recently changed in April 2013. An
employer’s failure to comply with these collective consultation
obligations may result in each affected employee receiving a protective
award of 13 weeks pay. This is in addition to any other liabilities
(such as unfair dismissal compensation).
We have the experience and expertise to advise employers with all
redundancy situations from individual dismissal through to large-scale
collective redundancy situations involving hundreds of redundancies.