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Redundancy Rights & Advice

At Banner Jones, our Employment Law Solicitors in Chesterfield, Sheffield and Mansfield offer expert Redundancy rights advice as well as up to date guidance on redundancy laws.

Redundancy is something that we hear far too often at the moment, but it is an unfortunate fact that most people will go through this at least once in their working life. Being fully informed on your redundancy rights is essential if you are facing redundancy by your employer. At Banner Jones we have expert employment solicitors who are continuously ensuring that they are up to date with the latest on redundancy laws; that way we are able to offer expert redundancy rights advice to all clients. 

The law sets out the situations in which a redundancy can arise, but even if the situation you are facing falls within the legal definition of a redundancy, the law still requires your employer to adopt a fair and reasonable procedure. This can include many things and we can offer you advice and support to ensure that you understand the process so that you can make informed decisions and can engage as fully as possible. 

Currently Facing Redundancy?

If you are currently facing redundancy, Banner Jones can help you make sure that your redundancy rights as an employee are being dealt with in the correct manner.

We are here to take you through the redundancy process step by step and can advise you of your redundancy rights, allowing you to make informed decisions. Your redundancy rights include the following:

  • Your redundancy payment
  • Time off to look for another job
  • The selection procedure and whether it was fair

If we feel you have a redundancy case against your employer, we will guide you through the tribunal process step by step, ensuring you are fully educated with the latest redundancy advice. We always give open and honest opinions of the likely outcome, therefore ensuring you make informed decisions.

Some clients we have helped and supported, have been able to remain in employment, whilst others have secured the best possible exit terms, sometimes under settlement agreements. We have also gone on to help clients pursue claims of Unfair Dismissal.  The best advice we can give is to speak to someone as soon as possible when facing redundancy.

 

 

Redundancy Rights Advice

At Banner Jones, we understand that being made redundant can be a highly stressful ordeal for any individual to go through. Our highly trained experts offer support and care to all of our clients. We also offer a sensitive approach to each case whilst also ensuring that all of our services are fully confidential. We will provide you with informative redundancy rights advice that will help you come to a decision which will benefit you.

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Frequently Asked Questions

Do we have to do anything else in our recruitment adverts?

You need to be able to justify if you are asking for certain levels of experience. Advertising for a bus driver who is safe and has had previous experience is one thing advertising for a bus driver with 10 years’ experience is another. The first option leaves your job advert open for all ages to apply. The second rules out individuals who may be in their early twenties.

 Other points to consider when recruiting new employees:

  • Ensure whoever is interviewing potential employee’s scores interviewees on their skills and competencies as opposed to their age.
  • Although they are not discriminatory themselves consider removing any reference to age on your job application forms.
  • Don’t ask a potential employee for a physical fitness test unless you require them. 

Once you have selected an appropriate employee ensure managers and staff are trained to monitor and avoid any discriminatory behaviour. Also make sure it is clear within any policies you have that discrimination in any form is unacceptable. Ensure managers are fully trained in diversity issues and that they are able to deal with discriminatory issues that arise within the workplace.

Do we need to worry about these requirements if we employ people in their 50’s and 60’s?

Yes you need to be aware of these requirements if you employ anyone of any age. They affect every area of employment as well as the recruitment and selection process. The requirements not only make it unlawful to discriminate on the grounds of age but also harassment whether it be intentional or unintentional or to victimise an individual. 

You need to worry not only about your own actions but also your fellow employees who must be discouraged from making offensive or unkind comments about age or anything in between.

 As with other areas of discrimination if your employee can demonstrate that there has been a difference in treatment which is due to discrimination it is solely down to you the employer to show otherwise or for you to prove that you have done everything in your power to stop such discrimination. There are no limits to discrimination awards and often they include an aspect for suffering, failure to do so can be expensive. 

 

How does age discrimination requirements effect the recruitment process?

When you are recruiting employees you need to ensure you are not discriminating for or against anyone due to their age. This means you cannot advertise specific age requirements in any of your job adverts unless you can justify them.

What are the conditions of age discrimination?

In 2011 legislation new legislation was introduced making it unlawful to treat anyone differently due to their age except if it could be justified or falls within one of the exemptions to the law. The retirement age of 65 has now been phased out meaning employers can now only forcibly retire workers if it can be justified.  

 

What year did the requirements of age discrimination come into effect?

The Employment Equality (Age) Regulations came into effect in October 2006. The retirement age of 65 was phased out between April 2011 and October 2011.

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Katie  Ash
Katie Ash
Head of Employment Law
Sara Ellison
Sara Ellison
Sara Patel
Sara Patel
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