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Redundancy Claims

Redundancy Claims

It is a sad fact that during periods of economic downturn even a ‘job for life’ might no longer be available and in such circumstances an employer has a legal obligation to comply with the law in terms of making redundancies.

The first consideration is whether the situation meets the test of redundancy i.e. a lessening in the need for work “of a particular kind”.

The employer must have a proper selection policy for a ‘pool’ of employees who are ‘at risk’ of redundancy, and the selection criteria is often open to criticism.

There will have been a need for proper consultation prior to selection of the pool and whether suitable alternative work is available.

The position may have become more complicated if the employer has sold or transferred all or part of the ‘undertaking’ so that TUPE might apply.

If you are facing the risk of redundancy we will be able to advise on your options and if the redundancy position is genuine we will consider the compensation payable and if appropriate obtain an enhanced settlement if the redundancy is going to take effect. We will also be able to advise further in respect of a Settlement Agreement if this is the preferred option once any agreement has been made.

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