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.
I engaged the services of Goughs Solicitors in Trowbridge, in particular Ailie Peacock, to act on my behalf for the sale of my house. Ailie was always clear with her advice, acted in a timely manor and answered any questions I had almost immediately. She was very proactive in dealing with the other parties involved in a slightly convoluted chain.
Ailie also managed a very late request from our buyers with calm efficiency and the utmost professionalism. The end result was a smooth sale and completion, with remarkably little stress on our part. I would not hesitate from using them again.
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Quick response to e-mails or phone calls. Will certainly use again in the near future. Clear concise advice patiently given!
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Excellent service as usual.
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Superb once again. Goughs provides outstanding service... professional in getting the job done and conducted with grace and care. Thank you Goughs!
The solicitor I dealt with at Goughs, Rhianna Cole, was an absolute star, I cannot fault her in any way at all. She made everything in the situation I was in so easy to understand, and she guided me through an extremely stressful time, with extreme professionalism, yet a very personal and sensitive touch. Can't big them up enough.
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Sophie was very attentive and responsive and understood the need to act quickly in regard to our purchase process. She was diligent with the paperwork and was very easy to talk to and clear at explaining what was required in terms of action from our side and from the seller.
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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.
Why you should put your
business in Gough's hands
With offices throughout Wiltshire, we are here for face to face, or virtual appointments at a time to suit you.
We draw from a wide range of disciplines to support you in keeping your business moving forward.
Goughs have been providing legal services to businesses across the south west since 1882.
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