Miles Herman is a clever, understated lawyer who is at the top of his game.
Our employment lawyers based in London can help you navigate the complex legal issues and represent you with any action against your employer, including employment tribunal representation. We can also advise businesses as employers, including company directors, throughout the redundancy process and indeed with other aspects of employment law.
If fewer than 20 employees are to be made redundant, each employee has the right to an individual consultation. This gives employees the chance to have an input in the redundancy process. During this process, your employer should give you reasons why you have been selected for redundancy and allow you to explore with them the alternatives to redundancy.
These can include:
If you are denied this consultation, or you do not offer it as an employer, any redundancy may amount to unfair dismissal.
If the redundancy involves more than 20 employees, then the employees are entitled to have their representatives (such as a trade union official) consulted on their behalf. If this consultation is not offered then the aggrieved employees may be able to take their employer to an employment tribunal for unfair dismissal.
When selecting employees for redundancy, the decision, and the process which informs it, must be fair. What is or is not fair is based on an assessment of the needs of the business. Again, failure to observe this procedure may give rise to a claim for unfair dismissal.
During the redundancy process, an employer may take into account the skills and work history of the employees in the frame for redundancy with particular focus on:
On the flipside, an employer cannot take into account any personal characteristics in making their decision.
These include:
If the decision is based on any of these factors then the dismissal is automatically unfair.
Employees are entitled to notice if they are to be made redundant. The periods are as follows:
In some situations, your employer may choose to give payment in lieu of notice.
This payment should at least match the pay you would receive during the notice period.
It may be trite, but it’s true to say that a person is not made redundant per se; it is the role which is no longer required. In some cases, employees are entitled to financial compensation if their role is no longer required. This is known as redundancy pay and falls into two categories: statutory redundancy pay and contractual redundancy pay.
Redundancy pay is calculated based upon your age, your weekly earnings (up to a limit) and how long you have been employed. Some employers may offer more generous packages in some situations.
To qualify for statutory redundancy in the UK, the employee must have worked for the same employer for a period of at least two calendar years since turning sixteen years of age.
Those on short-term contracts may not qualify, although some freelance and agency employees may.
Statutory redundancy pay can be forfeited in some cases. If the employee refuses a suitable alternative job offer or leaves to take up alternative employment before the date of redundancy, then that employee may forfeit their redundancy pay.
Some employment contracts may set out the amount of compensation which is payable in the event of redundancy. Employees should check their contract to determine whether or not contractual redundancy pay is included. Employers should take legal advice when drawing up contracts of employment.
Employers are obliged to provide employees with written breakdowns of how their redundancy pay has been calculated. Payment should be made on or shortly after the date at which the employment ends.
As an employee, you should not have to raise a claim for payment of redundancy pay – it should be paid automatically. If you are entitled to redundancy pay and you have not been paid within a reasonable time, you should write to your employer within 6 months of the date your employment ends (note that you should write within 3 months if you intend to raise another conjoined claim, such as for unfair dismissal). If an employer is refusing to pay, or has not paid, your redundancy pay, contact Lewis Nedas Law immediately.
Book a
confidential
consultation
Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Lewis Nedas Law Limited, led by Jeffrey Lewis, is known as ‘an exceptional firm with a strong team of talented and expert criminal lawyers’. The practice offers a wide range of high-end legal services, including on cases concerning espionage, terrorism, and murder. Siobhain Egan has strong experience in multi-jurisdictional matters; recent highlight engagements concern organ trafficking and terrorism financing, among other matters. Unan Choudhury is noted for his work regarding espionage and murders, while Keith Wood is an expert in High Court contempt proceedings which arise from criminal activity. Other key figures include Miles Herman, who represents clients in complex litigations.
Hands on partner involvement leading a dynamic team who like to think out of the box. Results driven. Clear strategies. They can go toe to toe with the big “City” firms.
