Redundancy and Reorganisations

Redundancy & Reorganisations Experts

Unfortunately, regardless of how well a business is managed, it may be that redundancy is the only option available for the viability of the business as a whole. Ensuring that a proper process is followed for selection and consultation not only ensures that your business does not face later employment claims but also helps to make the process as smooth and as non-stressful as possible for the employees involved.

Redundancy & Reorganisations Experts

Whether with a view to maximising business potential or due to unfortunate economic circumstances, if your business is considering reorganising its workforce or making redundancies, our dedicated employment solicitors can provide expert advice on the redundancy and reorganisation process. Our specialist solicitors have demonstrated experience in guiding businesses through the reorganisation of its workforce. We can prepare consultation and decision letters, advise your business on the consultation process and election of employee representatives, and advise you on the strategic aspects of redundancy pools and selection criteria.

As an employee, being put at risk of redundancy and going through the selection process can be an extremely stressful experience. At Tinsdills, we have dedicated employment solicitors who are on hand to provide you with the legal advice and assistance you require. We can assess whether there is a genuine redundancy situation and whether they are following the correct procedures. If you have been selected for redundancy and the process used has been fair, we can advise you on your rights to a redundancy payment. Also, if you are offered a settlement agreement, we can review the terms and advise you on whether you should accept.

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    The answer is that there is no template process for redundancy selection but there is a legal requirement that the process be reasonable. What is considered ‘reasonable’ may vary widely between small family businesses and large corporations. However, a reasonable selection process might include, for example, a scoring matrix or assessment across the pool of affected employees. What is reasonable may vary widely between small family employers and large corporate organisations.

    There is no requirement for you to create another role for an employee who is affected by redundancy. However, if a suitable alternative role exists then you should offer it to any affected employees. Particular care and attention should be paid to any employees who are on maternity or adoption leave as they are generally entitled to preferential treatment in respect of any role which does exist, and which should be offered to them.

    Employers are required to consult with their employees who are at risk of redundancy in order to discuss the business’ proposals and the ways in which redundancies may be avoided or mitigated. There may be a need for collective consultation, involving elected employee representatives depending on the number of affected employees. Otherwise, consultation may be carried out directly with the affected employees on an individual basis.

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