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Redundancy Solicitors and Legal Advice Nottingham

Have you recently been made redundant or think your role is under threat and you are not being treated fairly?

Our Redundancy Solicitor Natalie Abbott is on hand to give you straight-forward legal advice and make sure your redundancy is handled fairly.

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Helping you through redundancy

Redundancies are unfortunate but all too common within the workplace, especially in the current economic climate. Yet it is important to remember that redundancy has arisen because your job no longer ceases to exist rather than through any fault of your own.

Your employer has a duty to ensure you are treated fairly throughout the redundancy process and receive what you are entitled to.

 

 

Why does redundancy happen?

There are a number of reasons why an employer might decide to make redundancies.

For example, because they are relocating or closing the business or new technology has rendered your role obsolete. Potentially, the job you were originally employed for no longer exists. Or it could be that the company is looking to reduce costs by letting go of staff.

If you are facing a redundancy situation, or think your role is under threat, and are not being treated fairly it is worth seeking legal advice.

This will help ensure you receive the right amount of redundancy pay based on your length of service or even see whether your job can be saved.

Our employment solicitor Natalie Abbott can advise you on all aspects of redundancy, contact Natalie on 0115 910 6244.

 

What are my rights during redundancy?

You still have certain legal rights when facing redundancy and your employer should take certain steps before making any redundancies. This includes letting you know in advance about any potential redundancy and giving you sufficient notice.

By seeking legal advice when you are facing redundancy we can ensure that your employer has fairly selected you for redundancy and given meaningful consideration to any alternatives to redundancy, as well as making sure you receive what you are entitled to.

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Am I entitled to get Redundancy Pay?

If you have worked for your employer for 2 years or more, then you are entitled to statutory redundancy pay.

Your statutory redundancy payments are capped up to 20 years of service. As a result of the statutory caps, the maximum you can receive from redundancy pay is £16,140 (in 2020/21).

This is the maximum even if your earnings were higher or the length of service was longer.

 

How can Rotheras help if I’m being made redundant?

We can advise and guide you on the following:

  • TUPE
  • Redundancy Consultation
  • Redundancy Entitlement
  • Voluntary Redundancy
  • Compulsory Redundancy
  • Claims for Unfair Dismissal
  • Settlement Agreements
  • Redundancy Policies

 

I am being made redundant. What should I do?

If you have been informed that you are being made redundant, then it is important to make sure your employer is following rules and procedures that are in place to protect employees.

These include consulting you about any potential redundancy, considering alternative employment to redundancy and any suitable alternative vacancies. They also need to ensure that you receive the correct amount of notice and redundancy pay.

If your employer fails to follow the rules, or if it appears that your role is not genuinely redundant, then you may be able to appeal your redundancy and make a claim.

 

Why choose Rotheras Redundancy Solicitors for legal advice?

With experience in serving both businesses and individuals for nearly 200 years, we are well placed to offer advice and guidance covering all aspects of employment law.

Our employment law team are knowledgeable in helping both employers and employees and can provide a full spectrum of advice around this area. Regardless of whether you have just been notified your job is at risk or you are currently going through the redundancy process, we can help you.

Contact our Employment Law Team

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Natalie Abbott

“We explain costs clearly – so there’s no hidden surprises”

Natalie Abbott
Employment Solicitor

FAQs

I have been made redundant after several months on the furlough scheme

Employees still have the same legal rights if they are made redundant while on furlough as they did prior to the outbreak. This means that employers still need to follow certain procedures when making staff redundant.

This includes a period of consultation which gives you a chance to hear the reasons behind your proposed redundancy and discuss possible alternatives.

Currently, the collective consultation period is a minimum of 30 days for employers looking to make 20 or more employees redundant. Or a minimum of 45 days for employers proposing to make 100 or more employees redundant.

If fewer than 20 employees are being made redundant, then employers will most likely still carry out a consultation but it does not need to be done collectively.

You can read more about this on our blog post about being made redundant after furlough ends.

How much redundancy pay should I get?

If you have been employed for at least two years you will receive redundancy pay. The amount you receive is dependant on your age;

  • you will receive half a weeks’ pay for each full year of employment in which you were under the age of 22;
  • one weeks’ pay for each full year of employment between the ages of 22 and 40;
  • and 1.5 weeks’ pay for each full year of employment in which you were not below age 41.
  • It is also worth noting that weekly payments are capped at £538 and the maximum amount of statutory pay is limited to £16,140.

However, depending on your contract of employment and any company redundancy policies, you may receive more than this.

How much notice of redundancy should I get?

It is a legal requirement for your employer to give you a sufficient notice period before making you redundant.

The length of notice period differs depending on how long you have been in your job, but is currently: 

  • at least a week if you have been in your role between one month and two years;
  • one week for each year if you’ve been employed between two and 12 years;
  • and 12 weeks’ notice if you have been employed for more than 12 years.
Am I entitled to time off to look for work if I have been made redundant?

Yes, you are entitled to paid leave to look for another position and attend job interviews.

If you have worked for your employer for at least two years, they are required to pay you 40% of a week’s pay to cover your time off.

However, they are not obligated to pay you for any extra time taken off.

Is it possible to appeal redundancy and if so how do I make an appeal?

Yes, if you believe your employer did not use a fair process to select you for redundancy then you may be able to appeal.

Your employer might have an appeals process, otherwise, you can write a redundancy appeal letter.

Your employer can then either accept your appeal or reject it. 

If you are not satisfied with your employer’s decision you can take your claim to an employment tribunal-we can guide you through this process.

I have been offered a settlement agreement, what do I do next?

You are required to get advice from a legal professional, as only once you have received independent legal advice will the settlement agreement become binding.

Our employment law experts can check over the settlement agreement to help you decide whether it is the best deal for you or negotiate a better deal. Or we can see if you have any grounds for a claim against your employer including discrimination or unfair dismissal.

Contact our Employment Law Team
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