Redundancy Solicitors in Leeds
Redundancy compensation Solicitors
If you are at risk of redundancy or have been made redundant, there are employment laws to ensure you’re treated fairly. Talking to our expert solicitors could save your job, make sure you receive your entitled redundancy pay or help you claim for redundancy.
For expert redundancy advice and support
What can I do if I am being made redundant?
There are several rights you should be made aware of if you are facing an impending redundancy, and the onus is on your employer to make sure you are treated fairly and receive everything you are due. This ranges from exploring the option of alternative employment where possible to making sure you receive the full financial package that your years of service have earned you.
Have you been notified that you are at risk of redundancy? Speak to one of our expert redundancy solicitors today and they will make sure you understand your rights, the process and ensure you receive the financial package that you are entitled to
Can I challenge the fact I have been chosen for redundancy?
If all employees are being made redundant because the site you work at is closing, you can not challenge being chosen for redundancy. However, if only a part of the workforce is being made redundant you can question the basis on which you have been selected.
Employers must use objective factors such as disciplinary records; attendance or performance appraisal scores in their selection process. Employers must also not discriminate based on age, sexual orientation, marital status, gender, race, disability, religious beliefs, membership of a trade union, maternity or paternity leave, pregnancy, working pattern or whistleblowing when formulating their selection criteria.
How much notice of redundancy do you get?
At least a week if you have worked for your employer for between one month and two years
One week for each year if you have been employed for between two and 12 years
12 weeks' notice if you have been employed for 12 years or more your employment contract may specify more than this statutory minimum, but it can not specify less. Your contract may also state that your employment can be ended without notice if 'payment instead of notice' is given instead. This means that, for example, if you should have received 12 weeks' notice but received none, you would be entitled to 12 weeks' pay, in addition to any redundancy payments that you are owed.
Does there have to be a consultation period?
The law says that you have a right to 'consultation' with your employer if you're about to be made redundant. This is your chance to hear the reasons behind your redundancy, and to discuss the possibility of alternatives to this route, such as re-deployment or re-training. If your employer has not offered you any consultation, you may be able to take your case to an employment tribunal.
If You Have Any Doubts, Talk to Your Employer
If you have any reason to believe you may have been chosen unfairly for redundancy talking things out with your employer (if possible) is always the preferred method of dealing with the issue. Request an opportunity to discuss the matter with them and ask them to explain how they arrived at their decision to let you go. As an alternative to a face-to-face meeting, you can choose to raise the issue in a letter directed to the HR department.
If Talking Fails
If attempting to talk it out with your employer does not work and they have a formal appeals process in place to deal with such issues, use it to challenge your redundancy. If you are unsure how to proceed look at your employee handbook or talk to our Redundancy Solicitors in Leeds.
The sooner you start the appeal process the better. There are usually time limits involved when it comes to filing appeals. If you miss the deadline it may affect your ability to bring a claim before an Employment Tribunal, if things should come to that.
If your employer is not of a mind to engage in direct discussions with you, and the company appeals process does not yield satisfactory results you will need to try mediation. The mediation process is referred to as “early conciliation” and you must attempt it before you are able to bring a claim before an Employment Tribunal.
The early conciliation process starts when you contact the Advisory, Conciliation and Arbitration Service (ACAS). ACAS provide an impartial service designed to help reconcile the interests of employees and employers and keep such issues from going to court. If you want to go the early conciliation route be aware you must start the process within 3 months of receiving what you believe is the unfair redundancy notice.
Make a Claim to the Employment Tribunal
If all else fails you can try an Employment Tribunal. Just remember success is not guaranteed. Only about half of Employment Tribunal claims are won by employees. If you need advice regarding how to appeal a planned redundancy, our Redundancy Solicitors Leeds are here to help.
How much redundancy pay should you receive?
You are entitled to statutory redundancy pay if you have been with your employer for at least two years. How much you'll actually receive depends on your age:
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 inclusive
1.5 weeks' pay for each full year of employment in which you were not below the age of 41
These weekly payments are capped at £544, and the maximum amount of statutory redundancy pay is limited to £16,320. These are statutory amounts though, and your contract may entitle you to receive more than this. It is also good to know that if your total redundancy package comes to less than £30,000, the whole amount is tax-free.
You must get all the money you are owed if you are being made redundant, as it may have to last for a while until you find another job. If you are being made redundant, give us a call to make sure you are getting all of the rights and redundancy payments you are entitled to.