Employment Law Updates

From today (1st December 2020) the ACAS Early Conciliation period has changed.

Redundancy is a form of dismissal from your job, this happens when the employers need to reduce their workforce.

It is a legal requirement to consult with employees before a decision is made on whether they are being made redundant. During the consultation process, an employer will discuss the redundancy with the employees (or their representatives), provide information on the redundancy process and explore employee feedback on ways to avoid redundancies.

As a result of the COVID-19 crisis, many businesses are facing financial pressures and they are forced to make difficult decisions. Organisations are contemplating downsizing or ceasing the activity and very often redundancies are unavoidable. Restructure and redundancy can be a complex area and the procedure depends on various factors. Below is a summary explaining restructure and redundancy and what steps need to be taken to ensure the process is carried out in a correct and fair way. Click here for more information about how a redundancy solicitor can help you.

The importance of a fair redundancy process cannot be overlooked by employers. A genuine redundancy can still lead to a claim for unfair dismissal if the process is flawed. Employees who would not normally be entitled to a redundancy payment due to their length of service may also be eligible to bring an employment tribunal claim for discrimination if the redundancy process is discriminatory. Therefore, it is crucial that employers carry out a fair redundancy process to avoid the cost and reputational damage caused by employment tribunal claims.