The devastating news of the closure of Thomas Cook has dominated the headlines this week and all of us feel deeply saddened for affected staff members and holiday makers alike, many of whom are still stranded with questions remaining about what, if any, redress could be available to them.
Employees with two or more years of service are entitled to statutory redundancy pay. In situations where the employer is insolvent, payments may be made from the National Insurance Fund. Free guidance and an online calculator are available on government websites.
A recent tribunal decision in England Harper and Others v BJS Yorkshire Limited, 26 employees brought a claim against their former employer, a freight company, after the company had gone into voluntary liquidation without any notice to employees or any period of consultation. These employees were ultimately awarded a £100,000.00 having complained about being “being kept in the dark” about the future of their employment. While no two cases are the same, it is reassuring to see how the law can assist those who find themselves out of work through no fault of their own.
It is important to be aware that time frames are strict for employment law claims and therefore advice should be sought as soon as possible.
For further information relating to redundancy or for any other employment law issue, feel free to contact us here on using the form below
Downsizing your business and considering redundancies is a prospect you many employers throughout the life of a business may have to face at one time or another.
This is a grim prospect for you as a business owner but more particularly for your affected employees.
It is therefore vital that you as an employer handle this process fairly and in a manner that protects you from any potential unfair dismissal claims made by your employees.
What do I need to look at when considering redundancies?
When handling redundancies, you will be deemed to be acting fairly both morally and legally if you treat the matter with ‘RESPECT’, that is;-
R = Redundancy
You must be able to show that a genuine redundancy situation exists in your business
E = Employees
You should ensure that your employees are fully consulted about the redundancy situation.
S = Selection
You must use objective and verifiable criteria when you are considering which roles are to be made redundant
P = Procedure
You should follow the 3 step dismissal procedure:-
- Inform the employee in writing of the circumstances which are leading to you considering redundancies, invite them to a meeting to discuss the matter and warn them that a possible outcome is dismissal.
- Hold a meeting with the employee to discuss the proposed redundancies. An outcome of the meeting must be provided and your employee must be informed of their right of appeal.
- If your employee chooses to exercise the right of appeal, an appeal hearing must be held and a final decision provided
E = Employment
You should consider whether there are any alternative job roles that could be filled by those being made redundant in order to avoid the redundancy.
C = Calculation
You need to ensure that the correct redundancy payment is calculated
T = Termination
You must ensure that a letter is sent to the employee confirming the end of their employment
The underlying legal principle when considering redundancies is that of reasonableness – i.e. have you as an employer behaved reasonably in all of the circumstances towards your employee when handling their redundancy?
Before embarking on this process, it is important to obtain specialist advice from an employment lawyer ton how best to handle the process. This will ensure that it is handled objectively and not contaminated with emotion which could end up costing you dearly.
For more information on this area, please contact us here or via email on email@example.com