Expert redundancy lawyers guiding you through the processes
Wiltshire’s leading employment lawyers
Making an employee redundant
Making redundancies in the workplace is never an easy decision to come to, but, sadly, is often necessary to allow a business to grow and adapt to changing circumstances.
For example, there may be a technical solution that means a person is no longer needed, the business is moving in a different direction and a person’s expertise is no longer required, or you simply want to do things in a different way.
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The Goughs approach to redundancy
Our team has a proactive, can-do, approach to all employment law matters. Our aim is to support you in running your business and provide you with tailored, comprehensive and practical advice. We are not here to tell you what to do, but to help you to make things happen, how and when you want.
When having to make the often very difficult decision of making employees redundant we can draw on our experience and guide you to a successful solution for all parties involved.
Very professional service
Very professional service - at a difficult time due to Covid 19.
Helpful, prompt and efficient
Ms Michelle Fielding
I would definitely recommend Goughs
I definitely would recommend Goughs they were very efficient, very helpful and always informed us of what was happening in the chain.
Ms Kathleen Lucas
Thank you very much for doing a great job
Thank you very much for doing a great job as always, would recommend you for sure for being so efficient and getting the job done as quick as possible.
Very helpful. Advice clear with plenty of time for us to consider all the options before making decisions.
Very thorough, and we also got forces discount.
Personable and professional. Kevin is a contemporary and relevant employment lawyer.
Mr & Mrs C
Friendly exact explanations on all legal aspects, helpful throughout and always with a smile.
Very approachable. Kevin's advice was explained in a clear and concise manner, without a lot of technical jargon.
I could not have wished for a more professional dedicated team, I am so grateful for all their help and support, I would highly recommend Goughs solicitors to family and friends.
Your employment law questions answered
As an employer, you must follow a fair redundancy process. If your employee will have been with your company for 2 years or more on their last day of employment they will be entitled to a redundancy payment and could make claim for unfair dismissal if you get it wrong.
There should be at least 1 meeting with your employee to discuss the potential redundancy.
In terms of a formal process to follow, it is up to you as the employer to put in place a process which suits you and your business. There are no rules about what this should look like, but it must be clear, transparent, fair and reasonable if you wish to avoid a potential claim.
Employees you make redundant may be eligible for a redundancy payment.
An eligible individual must:
- be an employee with a contract of employment
- have worked for you continuously for at least 2 years
- have been dismissed, laid off or put on short-time working.
The payment must be made when you dismiss the employee, or very soon after.
Please note that a redundant employee has the right to a written statement detailing the amount of the redundancy payment and how this was calculated.
Redundancy pay is calculated based on the employees length of service and their age. The length of service is capped at 20 years.
Subject to a statutory act and the definition of ‘a weeks pay’ an employee gets:
- 1.5 weeks pay for each full year of employment after their 41st birthday
- a weeks pay for each full year of employment after their 22nd birthday
- half a week’s pay for each full year of employment up to their 22nd birthday
At Goughs, our employment specialists can draft and tailor contracts and policies to fit your business needs, whilst ensuring they are reasonable and enforceable. We can help with both writing and reviewing existing contracts and advising on breach of employment contract issues.
We have built up many years of experience and our team not only offer advice to businesses but also advise on broader business planning issues and sit on various advisory boards, ensuring that our advice and expertise looks beyond the contract itself and ensures all advice really is in the best interest of the future of the business.
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Goughs have been providing legal services to businesses across the south west since 1882.
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