Redundancy Employment Law
If you're worried that your role might be made redundant, it's important to understand your rights and to make sure you are treated fairly by your employer. Your employer should be acting in good faith and in accordance with the law.
We don’t believe in a one-size-fits all approach, rather a tailored strategy to meet your needs and objectives.
We can support you through the process, providing clear advice and guidance whether it be ascertaining whether the proposal is genuine and fair, to asking the right questions and/or working through feedback as part of a consultation.
Our redundancy lawyers are ready to help you. Get a free 15 minute phone discussion today.
Please note that statutory timeframes do exist in the employment context. Do not delay seeking advice as this may impact your ability to address your dispute.
Redundancy is unfortunately a part of the business landscape, particularly in uncertain times. Whilst many are genuine, particularly in the current climate, sometimes the redundancy/restructure lever can be pulled to dress up a dismissal and this forms part of many Personal Grievance cases that we see.
Redundancy does not give an employer special licence to dismiss. The same laws that apply to dismissal apply to redundancy.
If your role is at risk of disestablishment/redundancy, it is important that you know where you stand and that you are being treated fairly and that your employer is acting in good faith.
There are time limitations with these processes as they often move quickly. You have a legal right to take time to get advice at any point in the process, and it is better to do this sooner rather than later. Call us today for a confidential discussion.
3 Reasons for a Restructure/Redundancy
1. Must be a genuine business reason.
There must be a valid, well-documented, and pressing business reasons for the restructure/redundancy. Hard evidence must support these reasons and be the primary justification for redundancy.
2. Position must be superfluous & not personal.
The position must be superfluous. The restructure cannot be personal. It is the need for the continuance of the role, not the person that must be the focus.
3. Significant changes to role.
Significant changes to the role are required. Minor changes to the role do not count. They must be significant. Roles that are sufficiently similar will be considered still existing. Rule of thumb guideline is that a change to be significant requires more than 20% change.