The law relating to redundancies and reorganisations is complex.
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There are legal definitions of what amounts to a redundancy situation and the requirement to ensure that a fair procedure has been adopted when redundancies are made.
As well as individual consultation, there are also more onerous requirements for collective consultation where it is envisaged that more than 20 employees will be made redundant within a period of 90 days. There are civil and criminal penalties on employers who do not comply with obligations to consult collectively, in addition to claims by individual employees or their representatives.
Banner Jones’ Employment Law specialists have many year’s experience advising and supporting employers through redundancy procedures, from businesses with only 1 employee through to businesses with over 1000.
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A2Z computers, LondonIt just goes for me to say thank you for your help and assistance and especially the advice in this matter and should A2Z have the need for similar services. We will certainly consider Banner Jones first
Talk to Banner Jones. We are ready to help you.
Yes as some employees may be happy to take the offer however for others it may mean them moving house. It is unlikely an employment tribunal would consider this as a suitable alternative employment, however this will be dependent on the individual circumstances.
During the consultation process you have to disclose the following in writing to the appropriate representative.
Most likely. The second exemption to the requirement that people should not be treated differently due to their age relates to length of service requirements that mirror a similar requirement in a statutory benefit, as for example contractual redundancy schemes where service related provision is more generous than under the statutory Scheme. We advise you to seek legal advice if you are in doubt.
It is likely that older employees are likely to have been with you for longer therefore using length of service as a criterion could potentially be classed as age discrimination. Men may have longer service than women so it could potentially be sex discrimination also.
The high court has said in a previous case that using length of service as a criterion for selecting employees for redundancy can in some circumstances be justified.
In that case, the employer argued that taking long service into account was a benefit. The age discrimination rules contain an exception that allows an employer to use length of service as a criterion in relation to the award of a benefit that is potentially discriminatory where it fulfils business needs. Do seek legal advice as each case is unique and has different circumstances.
The amount of statutory redundancy payment depends on factors like age, length of service and pay. This is calculated using the following points:
An employee must have at least 2 years employment at the relevant date in order to be able to receive redundancy payments. 20 years is the maximum length of service which can be taken into account.
Age related limits on redundancy entitlements, including redundancy pay remain notwithstanding the legislation which bans age discrimination. However younger works are now able to claim for services before the age of 18 and older workers are able to claim for services beyond 65.
The week’s pay is subject to a maximum amount of £450 per week.
If you are looking to encourage voluntary redundancies you may wish to offer more than the statutory redundancy. You should ensure however that you do not create a contractual right to such enhanced payments.
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As financial pressures mount for small businesses across the UK, it has become increasingly important to proactively assess and refine redundancy processes.
Most business owners and decision makers will grapple with the prospects of having to let people go, and the subsequent redundancy process, at some point during their career.
While the decision itself might be tough, it’s absolutely vital that the process is handled correctly, or employers could find themselves facing legal action.
Welcome to the Autumn/Winter edition of Business First Magazine.
There are many factors to consider when selling a business and it isn’t something that should be entered into lightly. Our free guide runs through some of the important considerations this involves.
This guide will help you understand what to look for in finding and buying the ideal commercial premises for your needs.
Our Business Legal Services team pride themselves on being able to offer high quality ‘city style’ advice in a user friendly, cost effective manner to local, national and international businesses.
In this issue we cover lots of topical business issues and challenges from Mergers, Layoffs, Going Global, Commercial Property and more
Katie Ash, head of Employment Law, answers the most commonly asked questions about redundancy.
Over time, the gap between women’s and men’s median hourly earnings has been narrowing. In fact, according to the Office for National Statistics (ONS) it has fallen by over a quarter among full-time employees in the last decade.
With the country now in its third lockdown, it is clear that the hospitality sector has been hit the hardest and with no sign of hotels, pubs and restaurants reopening soon, employers in this sector will be almost certainly be facing some tough decisions about their staff in the coming weeks and months.
Over recent weeks there has been a huge amount of emphasis on dealing with the lockdown. Businesses and business owners have worked tirelessly to get their heads around the terms of furlough under the Coronavirus Job Retention Scheme, ensuring staff who need to work can do so remotely, and that the office, factory or other workspace remains safe for those who do need to physically attend the workplace.
In April 2017 employers with over 250 staff became obliged to report on gender pay gaps. Here are some tips that your business may wish to consider.
Companies are within their rights to monitor the private online activities of their employees when they are in the office.
A2Z computers, LondonIt just goes for me to say thank you for your help and assistance and especially the advice in this matter and should A2Z have the need for similar services. We will certainly consider Banner Jones first
Mr T PassAlthough you are now part of Banner Jones, to me you are still Glossops, and the service we receive is part of why we have been with you for so many years.
David Hart InXpress Sheffield“Katie Ash recently reviewed an employment agreement for me and provided extremely sound and practical HR advice. She took the time to understand my background and business requirements, which proved invaluable for me to reach the right professional solution. She displayed wide industry knowledge in HR employment matters and I would, without hesitation, recommend BannerJones and their legal and consultancy services provided by her.”
Mr A, ChesterfieldExcellent service due to business relationship with our solicitor.
Mr D, ChesterfieldI was so impressed with Katie’s advice. She was very professional, to the point and helped me in what was a very difficult situation. Her advice gave me the confidence I needed and was a real boost.
Mr P, RotherhamService was incredible. Lee Foster made the transition smooth and easy. Thanks Lee!
