Redundancy Solicitors in Stockport & Manchester

Redundancy situations can arise for a variety of reasons, it may be due to your place of work being closed, your employer deciding that they no longer want to carry on certain areas of work, a reduction in the type of work you do (maybe due to the economic climate) or as a cost saving measure.

An employer has to follow a consultation process before being able to fairly dismiss an employee for redundancy. The consultation process will vary depending on how many jobs are at risk of redundancy and would normally last from between 2 weeks to 45 days.

Issues that may arise on redundancy

We have significant experience in challenging redundancy cases, both pre and post-dismissal. If you are at risk of redundancy or have been made redundant, it is important that you seek advice about your rights sooner rather than later. It’s important that you are familiar with these rights to ensure that you are treated fairly and professionally, for example:

• An employer may say you are redundant as a way to exit you, even where there is no genuine redundancy situation.
• Your employer may use unfair or discriminatory selection criteria.
• Your employer should honour your notice period.
• You should be offered consultation, not least to enable you to understand how and why you have been selected for redundancy. This may be individual or collective consultation where over 20 employees are at risk of redundancy.
• You may have the right to move into another role in the business.
• You may have the right to a trial period in any new position that you are offered.
• You are entitled to time off work to find a new job.
• You are entitled to statutory redundancy pay.

If your employer does not honour any of these rights, then you can appeal the redundancy decision, raise a grievance, obtain an enhanced compensation package under a settlement agreement or make a claim to an employment tribunal.

Redundancy pay…am I eligible?

If you are made redundant then you may be entitled to statutory redundancy pay, although factors will affect how much you are entitled to. If you have been in your current employment for a minimum of two years, then you are entitled to statutory redundancy pay.

The basic formula for a statutory redundancy payment is based on the following:

• Half a week’s pay for each full year of service that you were under 22
• One week’s pay for each full year of service that you were aged 22 or older
• One and a half week’s pay for each full year of service that you were 41 or older

You may not receive redundancy pay if your employer offers you another reasonable alternative job which you refuse without a good reason.

How can Gorvins help?

If you have been made redundant and you feel the reasoning, or procedure itself was questionable, then you should take advice on the options open to you. These include:

• Help with drafting an appeal against the redundancy decision,
• Help with drafting a grievance if the redundancy appears to be a sham or based on discriminatory reasons (such as being pregnant or due to sickness absence related to a disability),
• Advice on obtaining an enhanced compensation package under a settlement agreement,
• Advice on making a claim to an employment tribunal.

If the redundancy has arisen as a result of a business transfer such as an acquisition, merger or outsourcing, special rules may apply which protect your employment under TUPE. We have in-depth knowledge on how to apply these to ensure your rights are protected.

We can advise you on the appropriate compensation available if you are facing redundancy, considering your individual circumstances not least to enable you to negotiate a better termination package.

With extensive experience in advising on all redundancy matters, you can trust that you are in the best hands for achieving the desired outcome. Once we have all the relevant information from you, we can assess the best way forward for you and advise on how to best protect yourself.

Contact our employment lawyers today

To discuss your redundancy matter or to find out more information about how we can help, please contact our employment team today on 0161 930 5151 or send us an email to employmentteam@gorvins.com.

Alternatively, you can contact us using our online form.

Frequently Asked Questions

Can I be made redundant while I’m on maternity leave?

Under the Protection from Redundancy (Pregnancy and Family Leave) Act, you have “super-priority” for any suitable alternative vacancies. If a role exists that you are qualified for, your employer must offer it to you over other colleagues. If they fail to do this, your redundancy is likely automatically unfair.

What is a “Voluntary Redundancy” and should I take it?

Voluntary redundancy is often offered with an “enhanced” financial package to avoid a compulsory process. However, if you “volunteer,” you may waive your right to claim unfair dismissal later. Always have our team review the Settlement Agreement before signing to ensure the “extra” money is worth the rights you are giving up.

My employer is changing my contract instead of making me redundant. Is that legal?

If your employer tries to force through a significant change (like a 20% pay cut or moving your office to another city), this may actually be a redundancy situation. If you refuse the new terms and are fired, it counts as a dismissal. We can advise if you are entitled to a redundancy payment in these “fire and rehire” scenarios.

What is a “Trial Period” for an alternative role?

If you are offered an alternative job, you have a statutory right to a 4-week trial period. If the new role isn’t suitable, you can still leave and claim your original redundancy pay. If you stay past the four weeks without a written extension, you may lose your right to that payment.

I’ve been told my job is redundant, but they are hiring someone for a “new” role that is 90% the same. What can I do?

This is a classic “Sham Redundancy.” If the requirements for the work haven’t actually disappeared or diminished, it isn’t a redundancy. We can help you appeal this decision and, if necessary, bring a claim for Unfair Dismissal.

Does TUPE protect me during a merger?

Yes. If your company is bought by another (a “relevant transfer”), your contract moves with you under TUPE. The new employer cannot make you redundant simply because of the transfer unless there is an “Economic, Technical or Organisational” (ETO) reason. These cases are highly technical, and we recommend seeking advice immediately if a merger is announced.