Redundancy is an inevitable part of the business. It’s inevitable because businesses grow and shrink, and sometimes, it’s necessary for a company to cut down on redundancies. But when redundancy happens, what are your legal rights? What pay scale do you get? And most importantly, how much notice do you need to give before losing your job? If you’re wondering all of this, you’re not alone. There are several legal aspects and complexities that come into play with redundancy pay. To ensure that you’re protected as a worker and have an edge over other job candidates, we’ve created this guide for redundancy lawyers.

What is Redundancy?

What is Redundancy

Redundancy is the practice of having additional employees in case of an emergency or for any other reason. There are many reasons why a private limited company might need to redundancy employees. A common reason is when the company grows or shrinks, and it’s no longer feasible to keep all of its workers.

Redundancies can also occur because of business changes (such as an acquisition), natural disasters, or social unrest. Redundancies are usually treated as employment contracts, which means that both the employee and employer have rights and obligations under the law.

Pay and notice are the most important rights that come into play during redundancy. Generally, laid-off employees receive a pay scale based on their years of service with the company. This PAYE (Pay As You Earn) schedule is usually determined by whether the employee has a pension or other form of retirement package from the company.

Most companies will also give severance payments to employees as part of their redundancy package. In most cases, you must give your employer at least thirty days’ notice before you leave employment. Notice can be given in writing or take the form of a notice period included in your redundancy contract.

If you don’t give your employer proper notice, you may have to pay statutory redundancy pay (which is usually based on the length of service). This payment is meant to compensate employees for the loss of employment rights and benefits. Additionally, any legal action that might result from an unfair dismissal will also likely be taken against you by law.

How Does Redundancy Work?

When a company decides to redundancy an employee, they usually process the dismissal in two stages. The first stage is called pre-termination consultation (or PTC), and it’s during this period, the employer and employee discuss their rights and potential options.

After the PTC period has ended, the second stage of redundancy dismissal happens. This involves issuing a notice of termination to the employee, explaining their notice pay entitlements and providing them with statutory redundancy pay (if applicable). Once all these procedures have been completed, you are no longer an employee of that company.

Types of Redundancy Pay

Types of Redundancy Pay

  • Statutory redundancy pay: This is the statutory entitlement of eligible employees who have been employed for at least two years with a statutory pay of atH2c 6 months’ salary as redundancy pay as per a statutory pay band. These employees may also be entitled to statutory notice pay at the rate of pay drawn during the period of employment.
  • Contractual redundancy pay: This generally includes payment in lieu of notice, payment in lieu of notice for long service, severance pay, bonus payments, employee stock ownership plan (ESOP) and defined benefit pension credit or scheme (DB scheme).
  • Payment in lieu of notice: This usually applies to employees who leave their jobs without notice. The employer may offer payment in lieu of notice for long service. The amount offered will depend upon the length of service and varies from company to company.
  • Severance pay: Employees may get this type of redundancy pay if they are retiring after working with the same employer for a period of time. These employees are also entitled to statutory notice pay as per statutory pay bands.
  • Bonus payments: Employers may offer bonus payments as part of their redundancy package. These could include voluntary severance payments or voluntary retirement payments.
  • Employee stock ownership plans (ESOPs): An ESOP allows employees to own shares in the company they work for, thereby accumulating equity over time.
  • Defined benefit pension schemes: A defined benefit pension scheme offers a certain level of retirement income to employees irrespective of their tenure with the employer. This form of redundancy pay is popular among white-collar workers such as financial analysts and lawyers because it provides stability and security during retirement.
  • Voluntary severance payments: Employees can agree to pay part of their salary in severance pay as a form of goodwill. This can be useful for employees who are looking to move on from their job without any ill effects.

How to Calculate Redundancy?

Redundancy calculators can help individuals calculate their redundancy pay entitlements. These tools typically use actuarial methods to estimate an individual’s likely retirement income based on their current and future salary Sacrifice ratios, length of service and other factors.

Formula to calculate redundancy,

redundancy pay = amount of notice pay + statutory redundancy payment(s) + bonus pay

statutory redundancy payment(s) = notice pay x statutory pay band x number of years

notice pay = statutory redundancy payment(s)

For example, if an employee has two years of notice and is being paid at the statutory rate for their pay band, their redundancy payment will be:

  • 1 year’s notice pay at £25 per week = £1250
  • The statutory redundancy payment for this employee would be £2500 + 1250 x 2 = £3750

How Much is Redundancy Pay?

  • The amount of redundancy pay is determined by the length of service and the notice period given by the employer. The amount of redundancy pay will depend on the employee’s rank and seniority. For employees with short service, the redundancy pay will be higher than those with longer service.
  • The redundancy pay will be in the same currency as the employee’s regular salary. For example, if an employee receives $1,000 per month salary, his or her redundancy pay would be calculated using that same amount for payment.
  • The employer must offer an early retirement scheme to involuntarily made redundant employees. In this case, employees are entitled to statutory redundancy pay, which is equal to one week’s pay for every year of service (or part thereof), plus statutory severance pay, if applicable. In addition, they may be eligible for statutory notice pay.
  • Employees who are made redundant are entitled to social security and other benefits such as medical benefits and unemployment compensation. Employees who are made redundant can take legal action against their employers by filing a claim for unfair dismissal with the Employment Tribunal (ET). Employers who terminate employees without just cause are at risk of legal action from those employees.

Is Redundancy Pay Taxable?

Redundancy pay is considered statutory pay, which means that it is not taxable. However, suppose the employer pays the redundancy payment in a currency other than Canadian dollars or British pounds sterling. In that case, the payment may be subject to Canadian or British tax depending on the employee’s residency status and domicile.

How Many Weeks Per Year Do You Get for Redundancy?

  • In relation to redundancy pay, employers must consult with employees before making redundancies and give employees reasonable notice of their intention to make redundancies.
  • If an employee is made redundant, the employer must provide a written statement setting out the reasons for the redundancy. This is known as statutory redundancy pay (SRP).
  • An employee who has worked for an employer for more than 12 months is entitled to statutory redundancy pay of two weeks’ pay for every year of service up to a maximum of 52 weeks’ pay. Employees who have worked for an employer for less than 12 months are not entitled to redundancy pay.
  • In certain circumstances, the employee may be able to take legal action against their employer in relation to their redundancy situation. For example, if they are dismissed without reason or unfair dismissal, compensation may be available.
  • When an employee resigns due to being made redundant, they may be able to claim constructive dismissal damages from their former employer. An employee who has been made redundant may also be able to claim unfair dismissal damages if their employer unfairly dismissed them.

What Benefits Can I Claim After Redundancy?

What Benefits Can I Claim After Redundancy

Redundancy is a process used by employers to reduce their workforce. In the process of redundancy, employees are made to leave their job with immediate effect. It is a time of great anxiety for them as they lose their income and employment. If you are part of the workforce and facing redundancy, having sound knowledge about your rights is vital.

Once you know about your rights, you can file for averments in the legal forum to secure benefits under employment law. Some of the benefits that you may be entitled to include:

  • Job protection under the Act
  • Severance pay
  • Reimbursement for expenses incurred as part of the redundancy process
  • Income replacement benefit
  • Payment for unused leave

As per UK law, it is essential to approach a redundancy solicitor immediately after the notice period ends to find out your rights and liabilities in employment law.

Can You Take a Solicitor to a Redundancy Meeting?

Some redundancy meetings may be covered by statutory provisions that preclude employees from being forced to attend against their will. In these circumstances, you would be able to refuse to attend the meeting and take legal action if you feel that your rights have been violated. If a redundancy meeting is compulsory, make sure you consult with your solicitor beforehand about what steps can be taken to protect your rights.

Top 10 Redundancy Solicitors

A solicitor is a legal professional who provides advice and guidance on legal matters. They can help with redundancy consultation, helping you with the paperwork required for a redundancy process, negotiating better terms on redundancy pay, providing emotional support during the redundancy process and acting as an intermediary between you and the employer in a redundancy situation.

However, you cannot take a solicitor to a redundancy meeting. A solicitor can provide valuable legal advice, but they cannot negotiate your redundancy pay or terms on the redundancy pay package if they are not directly involved in the process of dismissal.

A solicitor can help you through the redundancy consultation process, which may include offering valuable advice and guidance on legal matters. They can also help by providing legal advice and drafting necessary documents for redundancy consultation. However, it’s best to seek legal advice from a solicitor after you are made redundant so that they understand your legal rights and obligations.

Shah Qureshi – Irwin Mitchell

Shah Qureshi

Shah Qureshi lawyers is an expert in redundancy law and can help you with any legal issues that may arise during your redundancy process. He will provide legal advice and representation to ensure that all rights are protected and to maximize the chances of a successful redundancy settlement. 

 

If a dispute arises, Irwin Mitchell has extensive expertise in dealing with employee disputes and can provide support throughout your proceedings. The lawyers have the experience to help you navigate through the redundancy process and reach a fair and equitable settlement. With their help, you can ensure that all rights are protected and that you receive the compensation you deserve for lost wages, benefits, and other forms of compensation.

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Stephen Woodhouse – Stephensons

Stephen Woodhouse - Stephensons

Stephenson’s redundancy team has decades of experience in advising employees through the redundancy process and can provide you with legal advice and support throughout your consultation period. 

 

Our lawyers have a strong understanding of employment law and will work closely with you to ensure that all your rights are upheld during the consultation and throughout the dismissal process. If there is a dispute over pay or terms of the settlement, our team can help negotiate on your behalf to reach an agreement that is fair for both parties.

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Adam Pennington – Stephensons

 

Adam Pennington - Stephensons

Adam Pennington is a leading redundancy solicitor with over 20 years of experience. Stephensons offers a wide range of services, including job retention, consultation, and contract drafting. As experts in redundancy law, they can help you navigate the redundancy process swiftly and effectively. They have a network of lawyers who are available to assist with every step of the redundancy process.

 

Whether you need legal advice or assistance with the redundancy process, Stephensons can help. Their knowledge and expertise make them an indispensable team to take on this challenging task on employment issues like dismissal action, settlement agreements and more.

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Shereen Murphy – AWH Solicitors

Shereen Murphy - AWH Solicitors

Shereen Murphy is a redundancy lawyer in AWH Solicitors and has experience in redundancy law. As an expert in this field, she can offer advice on the best way to proceed through the redundancy process. She has a network of lawyers who are available to assist with every step of the process, from consultation to pay negotiations. Whether you need legal advice or assistance with the redundancy process, AWH Solicitors can help. 

 

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Hanan Hewitson – Morrish Solicitors LLP

Hanan Hewitson - Morrish Solicitors LLP

Hanan Hewitson is a redundancy solicitor with experience in negotiating pay and terms of the settlement. She has a network of lawyers who are available to assist with every step of the process, from consultation to pay negotiations. As an expert in redundancy law, she can offer advice on the best way to proceed through the redundancy process.

 

Morrish Solicitors LLP offers a wide range of services, including job retention, consultation, and contract drafting. They have years of experience helping people navigate the redundancy process successfully.

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David Sorensen – Morrish Solicitors LLP

David Sorensen - Morrish Solicitors LLP

David Sorensen is a redundancy solicitor with over 20 years of experience in the legal field. He has deep knowledge of redundancy law, which makes him an expert on negotiating pay and terms of settlement. As a member of Morrish Solicitors LLP’s team, he can offer advice on the best way to proceed through the redundancy process.

 

His extensive knowledge and expertise make him an invaluable resource during this difficult time. He can also provide legal advice on the employment contract.

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Jamie Connolly – TFS

Jamie Connolly - TFS

Jamie Connolly is one of the most experienced redundancy solicitors in the UK, providing legal advice to businesses facing redundancy. TFS has a proven track record of providing prompt and comprehensive advice to businesses facing redundancy. TFS offers a range of legal services, including advice on how to reduce costs and staff redundancies. Jamie Connolly is available 24/7 to help you with your redundancy situation. Whether you are looking for legal advice or assistance with relocating your team, TFS has you covered. 

 

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Rosie Lucas – TFS

 

Rosie Lucas - TFS

Rosie Lucas is a leading redundancy lawyer who has helped many companies to avoid staff cuts. She offers fair and legal advice on layout procedures and the negotiation of severance packages, which can help business benefits avoid legal issues and save time and money.Rosie Lucas is a member of the TFS network, which means she can offer you access to a network of talented lawyers with extensive experience in various fields. 

 

Rosie Lucas also has experience in employment law, which means she can provide you with expert advice in difficult cases. Whether you are facing layoffs or looking to negotiate a new contract, Rosie Lucas is the lawyer you need to ensure you comply with all legal requirements and protect your rights as a business owner.

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Lisa Aitken – Moore & Tibbits Solicitors

 

Lisa Aitken - Moore & Tibbits Solicitors

Lisa Aitken, the founder of Moore & Tibbits Solicitors, is a leading redundancy solicitor in the UK. The firm has provided legal support to businesses during times of crisis for decades. They offer a range of services, including advice on employee severance packages and voluntary schemes.

 

Moore & Tibbits provides expert legal advice to businesses in a wide range of industries, including small businesses like manufacturing, finance, and healthcare. The firm’s experts can assist with a variety of legal issues like finance department issues and from contract law to employment law. They have years of experience dealing with a wide range of legal issues and can provide reliable advice and support during times of uncertainty.

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Caroline Walker – Cavendish Employment Law

Caroline Walker - Cavendish Employment Law

Caroline Walker is a solicitor with more than 15 years of experience in the employment law arena. She has represented both employers and employees during employment contract negotiations, disciplinary action proceedings, unfair dismissal claims, and much more. At Cavendish Employment Law, Caroline Walker offers advice on a wide range of employment law matters, from discrimination to redundancy consultation. 

She can provide you with guidance on how to respond to legal requests made by your employer or negotiate a fair severance package for your staff.

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Conclusion

Getting redundancy pay is never an easy process, but with the help of these lawyers, you can get the best possible deal. They’re all experts in redundancy pay law and can guide you through every step of the process. They understand how you’re feeling and know how to help you get the best deal possible. If you’re facing redundancy pay situation, we urge you to get a legal consultation with one of these lawyers today.

FAQ – Redundancy Solicitors

Generally speaking, it is advisable to consult with a solicitor when being made redundant. This is because a solicitor can provide you with legal advice and representation. They can help you negotiate a severance package and make sure that your rights are protected.

 

The legal rights that you are entitled to if redundancy is announced to you in a reasonable time frame, given the opportunity to discuss your redundancy with your employer, and with notice of any changes to your employment terms.

 

Yes, it is possible to be refused redundancy. If you are refused redundancy, you may have the option to appeal the decision. This process can be time-consuming and difficult, so it is important to consult with a lawyer if you are considering filing an appeal. A lawyer can help you understand your rights and options and can provide legal support during the appeal process.

 

  1. To reduce the company’s operating costs. redundancy can help to streamline processes, reduce redundancies, and achieve other efficiencies in the workplace.
  2. To allow the company to restructure or downsize. redundancy can help to reshape an organisation, increase efficiency, and make room for new growth.
  3. To improve the company’s competitive position. redundancy can help a business to remain at the top of its game through aggressive transitional measures and organizational restructuring.
  4. To give employees the opportunity to move to other companies or positions within the same company. redundancy can offer employees an opportunity to explore different career paths, develop new skills, and relocate if they so desire.
  5. To avoid lawsuits or disputes with employees. redundancy can help employees resolve any disputes peacefully and efficiently by providing a clear process and timeline for layoffs.

 

Yes, you can sue for being made redundant. Consult with a lawyer who specializes in layoffs law to get advice on the best way to proceed. A lawyer can help you negotiate a settlement or file a lawsuit. The outcome of a lawsuit may vary depending on the specific circumstances of your case. However, it is important to remember that most cases do not result in monetary compensation for the dismissed employee.

 

Disclaimer

The images used in this blog are not owned by iBusiness Talk, the copyrights belongs to the respective owners only.

 

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