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 redundancy solicitors 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.

At 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 Collyer Bristow 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

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):

ExpandNeed some help?Toggle

< Back to menu

Contact us

Need some help?

Get in touch

Get in touch using our form below.