Redundancy Solicitors

It is a tough decision to relocate or demote employees or make them redundant. But if you are closing down a branch, consolidating operations, or moving to a new site, then a certain number of job adjustments may be inevitable.

Our London-based redundancy lawyers are specialists in dealing with restructuring and redundancy issues. We can protect your business from any claim arising from a change in organisational structure, including post-restructuring grievance proceedings from employees who are unhappy in their new roles.

What is the redundancy process?

The role must be disappearing for there to be a true redundancy situation. Normally, that will be because:

  • The business is closing
  • A site or workplace is closing down or moving
  • You no longer need as many workers to do a particular type of work, e.g because of new technology

 

The process itself includes a consultation with individual employees before making any final decisions. If you are planning to make 20 or more employees redundant within a 90-day period, you’ll also have to consult with a trade union or staff council/employee forum. Employers must act reasonably and be able to justify the selection of the pool of employees they will be using when choosing who to make redundant.

What is suitable alternative employment in redundancy?

Specifically, in a restructuring situation, employers will be looking to make efficient use of their employees by offering ‘suitable alternative employment’ to an employee whose job is no longer needed, but who you wish to retain after the reorganisation.

By law, the test for whether an alternative role is suitable is largely a subjective one. In other words, the employee can decline the offer and opt for redundancy if the new role would, for example, lead to longer travelling times, upset childcare commitments, require retraining, or impose extra costs on the employee.

When conflict arises, it’s usually because:

  • The employee believes the offer of alternative employment was not suitable
  • The employer believes the employee was unreasonable in refusing the alternative work
  • An employer is trying to change an employee’s job role without their consent
  • An employee feels like they were discriminated against or not given a fair chance at an interview for a new role

 

How can our redundancy lawyers help?

Whatever the nature of the restructuring and redundancy dispute, it is wise to try to prevent it from escalating to an Employment Tribunal. Many potential conflicts can be headed off at the pass through a proper consultation procedure where employees are involved in the decision-making as far as possible.

Working closely together, our specialists in employment and employment dispute resolution deliver comprehensive advice on the options open to you as an employer. You can rely on us to provide practical support through redundancy procedures, contractual variations, and representation at Employment Tribunals and all the way to court if that’s what it takes to get the best result for your business.

Read more

Corporate recovery, restructuring & Insolvency

The coronavirus outbreak is causing unprecedented disruption to businesses. We are in uncharted territory for our society and our economy. The coronavirus outbreak is causing unprecedented disruption to businesses. We are in uncharted territory for our society and our economy. Find out more about how we can help you.

Find out more
Redundancy Law

Redundancy Law

Redundancy Solicitors

It is a tough decision to relocate or demote employees or make them redundant. But if you are closing down a branch, consolidating operations, or moving to a new site, then a certain number of job adjustments may be inevitable.

Our London-based redundancy lawyers are specialists in dealing with restructuring and redundancy issues. We can protect your business from any claim arising from a change in organisational structure, including post-restructuring grievance proceedings from employees who are unhappy in their new roles.

What is the redundancy process?

The role must be disappearing for there to be a true redundancy situation. Normally, that will be because:

  • The business is closing
  • A site or workplace is closing down or moving
  • You no longer need as many workers to do a particular type of work, e.g because of new technology

 

The process itself includes a consultation with individual employees before making any final decisions. If you are planning to make 20 or more employees redundant within a 90-day period, you’ll also have to consult with a trade union or staff council/employee forum. Employers must act reasonably and be able to justify the selection of the pool of employees they will be using when choosing who to make redundant.

What is suitable alternative employment in redundancy?

Specifically, in a restructuring situation, employers will be looking to make efficient use of their employees by offering ‘suitable alternative employment’ to an employee whose job is no longer needed, but who you wish to retain after the reorganisation.

By law, the test for whether an alternative role is suitable is largely a subjective one. In other words, the employee can decline the offer and opt for redundancy if the new role would, for example, lead to longer travelling times, upset childcare commitments, require retraining, or impose extra costs on the employee.

When conflict arises, it’s usually because:

  • The employee believes the offer of alternative employment was not suitable
  • The employer believes the employee was unreasonable in refusing the alternative work
  • An employer is trying to change an employee’s job role without their consent
  • An employee feels like they were discriminated against or not given a fair chance at an interview for a new role

 

How can our redundancy lawyers help?

Whatever the nature of the restructuring and redundancy dispute, it is wise to try to prevent it from escalating to an Employment Tribunal. Many potential conflicts can be headed off at the pass through a proper consultation procedure where employees are involved in the decision-making as far as possible.

Working closely together, our specialists in employment and employment dispute resolution deliver comprehensive advice on the options open to you as an employer. You can rely on us to provide practical support through redundancy procedures, contractual variations, and representation at Employment Tribunals and all the way to court if that’s what it takes to get the best result for your business.

Key Contacts

Want to connect? Select someone below to view their profile.

Need some more information? Make an enquiry below.

    Subscribe

    Please add your details and your areas of interest below

    Specialist sectors:

    Legal services:

    Other information:

    Jurisdictions of interest to you (other than UK):

    Message us on WhatsApp (no calls)

    Please note that Collyer Bristow provides this service during office hours for general information and enquiries only and that no legal or other professional advice will be provided over the WhatsApp platform. Please also note that if you choose to use this platform your personal data is likely to be processed outside the UK and EEA, including in the US. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information provided. All information will be deleted immediately upon completion of a conversation.

    I accept Close

    Close
    Scroll up
    ExpandNeed some help?Toggle

    < Back to menu

    Contact us

    Need some help?

    Get in touch

    Get in touch using our form below.