Why Do You Need To Appoint Redundancy Solicitors?

Redundancy can prove to be difficult for both the employee and the employer

. There are different pointers that need to be taken into consideration. These include the procedure adopted by the employer, taxes applicable on redundancy payments, redundancy law of the land and the fairness of the action. The term "redundancy" can be used for different situations including voluntary redundancy. The complete closure of the business and the closing down of the branch where the employee is currently working also calls for a redundancy case.

A redundant employee may make a valid claim for a statutory redundancy payment while others may be entitled to a substantial contractual enhanced sum as per their employment contract. If the claim is made on invalid grounds or following unlawful procedures, then it can lead to the complete dismissal of the case.

A tribunal case filed for dismissal on unfair grounds needs to be presented to the Employment Tribunal within a period of 3 months of the date of dismissal by the individual who has lost his employment. It is not possible for an individual to be completely aware of the legal procedures associated with redundancy and therefore it is necessary to seek the advice of redundancy solicitors.

If an employer can arrange for an alternative employment for the employee in question and that offer is accepted by the latter, then the former does not need to make a redundancy payment. The employee has the right to refute such an offer in case he/she considers that the alternative employment offered is not suitable. The reasons for declining the offer should be clearly stated to the employer.

If the employer refuses to accept the refusal on the employee's part, then they can refuse to make a redundancy payment to the employee when employment is terminated. If the employee does not accept this, they can make an application to a designated Employment Tribunal. The Tribunal reviews all aspects of the case minutely and arrives at a conclusion. A redundancy solicitor can help you to present your side of the argument before such a Tribunal.

Employees, whose employment is based on fixed term contracts, can qualify for the redundancy compensation at the termination of a contract if they are employed for more than two years.

A redundancy claim ceases to be valid if the employee is:

found to be guilty of gross misconduct;

offered a substitute work option that is appropriate;

has been employed for less than two years.

Employers who propose to make 20 or more employees redundant from one establishment within a 90 day period must convey the details of the proposal to the Secretary of State well in advance. Employers need to notify the Secretary of State at least 30 days ahead of the time when the first dismissal takes effect in a case where the proposal for 20-99 redundancies is made. If the number of redundancies is in excess of 100, then the concerned authorities need to be notified 90 days before the first dismissal.

by: Duncan Gallagher

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