Redundancy Solicitors

Unfair Redundancy

Unfair redundancy happens when an employer unfairly selects an employee for redundancy. This is when it is based on disability, pregnancy, age or another protected characteristic, rather than genuine business reasons.

Redundancy often refers to a situation where an employer finds it necessary to reorganise its staff because certain jobs or job functions are no longer required. This can be due to various reasons such as:

• The closure of a business
• the reduction of the size of the workforce when specific roles are no longer required
• relocation of all or part of a business
• the introduction of a new technology which renders certain staff functions obsolete; or economic downturns.

In the UK, the Employment Rights Act 1996 protects employees from unfair redundancy, allowing them to challenge dismissals that were not handled fairly and legally.

Contact us if you think you are facing unfair redundancy.

Redundancy Solicitor in Reading – Protecting Your Rights

If you’re facing redundancy, our redundancy solicitors in Reading can help ensure your employer follows the correct legal process. When 20 or more employees are made redundant within 90 days at the same workplace, the employer must consult with trade unions or employee representatives for at least 30 days.

For 100 or more redundancies, this consultation period increases to 45 days. If fewer than 20 employees are affected, employers must still conduct fair consultations with individuals.

Fair Redundancy Selection Process

Employers must use fair and objective criteria when selecting employees for redundancy. Factors like skills, experience, qualifications, and disciplinary record should be considered, while discriminatory factors—such as absences due to disability—must be avoided.

Statutory Redundancy Pay

Employees with at least two years of continuous service are entitled to statutory redundancy pay, calculated as follows:

• Under 22: Half a week’s salary per full year of service.
• Ages 22 – 40: One week’s salary per full year of service.
• Over 41: One and a half week’s salary per full year of service.

The maximum length of service used in this calculation is 20 years, and salary caps apply, as set by the government.

Additional Redundancy Entitlements

Employees made redundant must also receive:

• Notice pay or payment in lieu of notice.
• Accrued but untaken annual leave at the time of termination.

Unfair Dismissal and Redundancy Claims

If your redundancy process was unfair, either in substance or procedure, you may have grounds to claim unfair dismissal. Successful claims in an employment tribunal could result in compensation of up to a year’s salary. For a comprehensive breakdown of redundancy laws, employee rights and responsibilities, read Your Legal Rights When Facing Redundancy.

Concerned about redundancy? Speak to our redundancy solicitors in Reading today to understand your legal rights.

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