Redundancies

Expert redundancy lawyers guiding you through the processes

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. 

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.

Our clients rate us excellent

Sue Greenman

Everything was completed professionally and within my tight time scales. I would like to say thank you and would definitely go back to Goughs should I need help in the future.

Ali McBrine

Thank you Alice Blackmore for your fantastic professional support, with care, compassion and kindness, of our need for explanation and understanding of the system and language in a lot of correspondence. Thank you too for being always being honest and empathic of our feelings.

Andrew Alvis

Another well-managed transaction handled promptly and professionally by Nadine Cook and her team. We have used Goughs before, will use again and would not hesitate to recommend their services to anybody.

Phil Carter

Goughs Solicitors provide a friendly, professional and extremely reassuring service. The whole team, especially Georgina Catlin, are empathetic and provide sound advice when required, you definitely feel you are in safe hands.

Your employment law team

Rebecca Dennis

Senior Associate, Head of Employment

Rebecca's professional background is unique in that she worked for more than 20 years as a barrister providing legal advice, drafting and advocacy for her clients and more recently provided specialist trouble-shooting services on employment law and employee relations at a leading international HR outsourcing company. She is now proud to lead the Employment Department at Goughs.

Why you should put your business in Goughs hands

Locality

With offices throughout Wiltshire, we are here for face to face, or virtual appointments at a time to suit you.

Knowledge

We draw from a wide range of disciplines to support you in keeping your business moving forward.

Experience

Goughs have been providing legal services to businesses across the south west since 1882.

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