Employees have a number of rights in a redundancy situation and both parties need to understand what these are.
To fall within the statutory definition of “redundancy” set out in section 139(1) of the Employment Rights Act 1996 (ERA 1996), an employee’s dismissal must be “wholly or mainly attributed to the employer”:
- Ceasing or intending to cease to carry on the business for the purpose for which the employee was employed by it (business closure);
- Ceasing or intending to cease to carry on that business in the place where the employee was so employed (workplace closure);
- Having a reduced requirement for employees to carry out work of a particular kind to do so at the place where the employee was employed to work (reduced requirement for employees).
Put another way it must genuinely be occurring because the employee’s work has disappeared or diminished.
In redundancy situations the employer must follow a fair procedure which involves notifying and consulting with the employee. It is recommended that employees who are faced with redundancy take legal advice about their right. Our experienced team would be pleased to provide that advice.
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AI RS15
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AI – RS1
“Would highly recommend. Very professional team and I am grateful for all the support I have received and the end result.”
AI – RS8
“I cannot speak too highly of all members of the team at Rowberry Morris who supported me with great sensitivity during a very stressful time. Superb service, again highly commended.”
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“I would like to extend a personal thank you to both my solicitor, Anna Illingworth and her personal secretary, Kathy Neville, who together make an awesome team. Highly professional, but yet friendly and approachable, clear, precise and a credit to the legal profession.”
AI RS 13
“Anna Illingworth was helping me with an issue I have about disability discrimination in the workplace. She provided professional advice and a realistic approach together with empathy and understanding of the situation not only from my professional but also from my personal perspective.”
AI – RS6
“Professional, effective, fast and very approachable service.”
AI – RS3
“In agreeing my redundancy settlement I received a fantastic service from a professional and knowledgeable practice”
AI – RS5
“I used the services of Rowberry Morris to negotiate a Settlement Agreement with my employer. The work had to be done quickly due to the two-week deadline imposed by my employer. Despite the challenges imposed by the COVID crisis, the Solicitor and their assistant communicated very effectively, clearly explained my options and reached a settlement…
AI – RS10
“An excellent, friendly service from start to finish. I was kept informed of progress and was told about the costs in the beginning. I have used Rowberry Morris for other matters so it was and will remain a natural first call if ever I need their services.”
AI RS16
“I’m not normally someone who leaves reviews, however the legal help I received from Rowberry Morris was outstanding. I was suspended from work pending an internal investigation. From the moment I contacted Rowberry Morris I was treated with professionalism and understanding. The processes were explained clearly to me and they kept me updated throughout. Needless…
AI RS19
“Anna was recommended to me during a difficult period. From first contact, first dealing with Ruth (Pocock) and then Anna, nothing was too much trouble. The level of detail was delivered not only professionally but friendly and with empathy too. I have no hesitation recommending Rowberry Morris.”
AI RS22
“I cannot thank Anna and her at team enough for the exceptional support and representation she provided during my maternity redundancy case. From the start, she showed genuine empathy, deep legal expertise, and a clear commitment to protecting my rights. Navigating a redundancy situation while on maternity leave was incredibly stressful, but Anna guided me…