Redundancy Solicitors & Restructuring for Employees

In today's economic climate redundancy and re-structures are commonplace events. Nobody likes it or wants it to happen, but you could find yourself being placed at risk of redundancy and left wondering if the process was a sham or your selection was fair. This can be an anxious and upsetting time – particularly if you have been with your employer for a long period or the redundancy has come as a surprise.

The Lamb Brooks Employment Law Department is here to support you, explaining your rights in a clear, jargon-free way and give you the confidence that you have an expert in your corner.

We will check that your employer is following the correct procedure, whether the redundancy selection has been fair, whether you have had an adequate consultation period and if you are being paid all that you are entitled to.

For a redundancy to be fair, your employer must follow a proper procedure according to ACAS.

• Genuine redundancy reason - There must be a legitimate business reason such as closure, relocation, or the role no longer being needed. It cannot be used to disguise performance-related dismissals.
• Fair selection criteria - If selecting from a pool of employees or pool of one, the criteria must be objective and measurable, not based on discriminatory factors which would make it automatically unfair.
• Meaningful consultation - You should be informed as early as possible and given a genuine opportunity to ask questions and make representations about the reason for redundancy, alternative roles and ways to avoid redundancy.
• Consider alternative employment – employers should offer suitable alternative roles within the organisation where possible.
• Notice and payment - You're entitled to your statutory or contractual notice period (whichever is greater),and, if you have at least two years' continuous service, a statutory redundancy payment. These must be calculated correctly using the governments statutory redundancy calculation.
• Right to appeal - You should have the right to appeal the redundancy decision.

If your employer fails to follow these fair procedures, you may have grounds to challenge the redundancy as unfair dismissal. Our team can review your case to ensure your employer has met their legal obligations at every stage of the process.

When redundancies or restructuring have come about as part of a business sale, merger or outsourcing/insourcing, there are clear rules under the TUPE Regulations to protect your employment. The Lamb Brooks Employment Law team has experience advising employees on their rights in these situations and what options are available to them.

If you have been warned that you are at risk of redundancy, or you are aware that a restructure is afoot or you have been dismissed on purported redundancy grounds, call our Hampshire based Employment Law Department today.