16

Oct

7 pitfalls to avoid when making redundancies

By Samira Cakali In Compulsory Redundancies, consultation for redundancy, Redundancies, Redundancy, Redundancy Procedure

As the Chancellor’s coronavirus job retention scheme enters its final phase and the prospect of a return to normal business seems distant for many companies, employers are having to contemplate redundancies if they are to keep their business afloat.

Getting the redundancy procedure right is crucial, as mistakes can open the door for an employee to bring a claim before an employment tribunal, There has already been an increase in claims, particularly in regard to unfair dismissal relating to redundancy.

Here are some common misunderstandings and mistakes for employers to avoid.

26

Jun

Five Key Elements of a Fair Redundancy

By Samira Cakali In consultation for redundancy, furlough, Redundancies, Redundancy, Redundancy Case Law, Redundancy Consultation, Redundancy Pay, Redundancy Payment, Redundancy Procedure, Redundancy Selection Process, redundant

An employee with two years’ service can bring a claim for unfair dismissal. Where an employee with a protected characteristic argues that their redundancy was discriminatory, they can bring a claim regardless of their length of employment.

Even if the need to make redundancies is obvious, employers still need to follow a fair procedure carefully. This will nearly always involve the following 5 key elements:

15

May

Steps Businesses should take during Covid-19, and how to get their staff back into work after returning from Furlough Leave

By Samira Cakali In coronavirus and work, covid-19 and employment law, Employment Law, Employment Solicitors, furlough, homeworking, job retention scheme, Lay-off, Redundancy

As businesses look at re-opening after lockdown and returning to some form of “new normal” we thought it would be a good idea to provide employers with guidance to returning to a safe environment as we continue to battle Covid-19.

12

May

COVID-19 furlough scheme update and other key updates for employers

By Samira Cakali In coronavirus and work, covid-19 and employment law, Employment Law, Employment Solicitors, furlough, homeworking, job retention scheme, Lay-off, Redundancy

As the lockdown continues, the Government has extended access to its coronavirus job retention scheme and employers are settling in to a new way of working. Business life may have drastically changed, but employment law still applies.

You should check the Government website for the latest guidance in conjunction with this article, as the guidelines on the coronavirus (COVID-19) are changing daily. The guidance and the Treasury direction are inconsistent in places. You should speak to your solicitor for specific advice for your business.

15

Mar

Can You Make An Employee On Maternity Leave Redundant?

By Emma Roberts In Employment Law, Employment Tribunal, Maternity Leave, Notice Pay, Pregancy and Maternity Discrimination, Redundancy, Redundancy Pay, Statutory Maternity Pay

Employees on maternity leave have special legal rights and protections and so before making such employees redundant you must tread very carefully and be aware of the following five things. Otherwise you could risk facing a costly claim.

7

Feb

3 Things We Learnt In Law This Week (7 February 2019)

By Emma Roberts In Annual Report, Brexit, Consultation, Court of Appeal, Discrimination, Equal Pay, Equality Act, Government, Maternity Leave, Modern Slavery, Modern Slavery Act 2015, Redundancy

Consultation On Extending Redundancy Protection For New Parents

A recent study by the Department for Business, Energy and Industrial Strategy found that one in nine returning to work after maternity leave were fired, made redundant, or treated in a manner which forced them to leave their job. The study also found that as many as 54,000 women per year are losing their jobs as a result of their pregnancy or maternity leave.

10

Jan

3 Things We Learnt In Law This Week (10 January 2019)

By Emma Roberts In Court of Appeal, Drugs Test, Employment Appeal Tribunal, Employment Law, Employment Tribunal, Part-Time, Pay, Redundancy, Trial Periods, Unfair Dismissal

Unfair Dismissal

Is it fair to dismiss an employee in the transport industry who fails a drugs test? Not always, said the employment tribunal (‘ET’) recently in Ball v First Essex Buses.

19

Apr

Consultations and Compulsory Redundancies

By Richard Newstead In Carillion Collapse, Reducing Staff, Redundancies, Redundancy, Redundancy Pay, Redundancy Procedure, Redundancy Selection Process

Following on from our article ‘How to avoid compulsory redundancies’ a few months ago, unfortunately there can be instances where a business simply has no alternative but to consider cutting staff to reduce costs.

If that is the case then there are important rules that you must follow and if you fail to do so then any redundancies you may make could be unfair and you could be taken to a tribunal. You must identify which people you will make redundant and ensure you select people fairly.

13

Apr

The Processes and Pitfalls of Dealing with Staff who are Taking Maternity Leave

By Richard Newstead In Keeping in Touch, Maternity Leave, Pregancy, Pregnancy and Maternity Discrimination, Redundancy, Statutory Maternity Pay

With Samira on Maternity Leave from the end of today, we thought it was only fitting that our article this week covered this complex area of law. Family friendly rights, including leave and pay in relation to maternity are constantly evolving and growing as an area of employment law. In this article we aim to offer some clarity on this area and provide employers with some advice on the do’s and don’ts when dealing with staff taking maternity leave.

8

Feb

How to avoid Compulsory Redundancies

By Richard Newstead In Carillion Collapse, Compulsory Redundancies, Cutting Costs, Reducing Staff, Redundancy

We wrote recently about how the liquidation of a large company can have potential indirect consequences for small and medium businesses. Through no fault of their own, a small or medium sized business can suddenly find that cash flow is drastically affected.

Often, in those circumstances, the knee jerk reaction is to look at ways to reduce outgoings and one of the simplest ways to do that is to reduce staff. Many small businesses are reporting that following the collapse of Carillion they may have no alternative but to look at making staff redundant.

It is however worth considering that there are ways to avoid making compulsory redundancies, which can sometimes be costly in the short term.

Before you conclude that redundancies are necessary, consider the following options –

Title

Tag Archive Compulsory Redundancies consultation for redundancy Redundancies Redundancy Redundancy Procedure

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7 pitfalls to avoid when making redundancies

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Five Key Elements of a Fair Redundancy

15

Steps Businesses should take during Covid-19, and how to get their staff back into work after returning from Furlough Leave

12

COVID-19 furlough scheme update and other key updates for employers

15

Can You Make An Employee On Maternity Leave Redundant?

7

3 Things We Learnt In Law This Week (7 February 2019)

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3 Things We Learnt In Law This Week (10 January 2019)

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Consultations and Compulsory Redundancies

13

The Processes and Pitfalls of Dealing with Staff who are Taking Maternity Leave

8

How to avoid Compulsory Redundancies

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Tag Archive Compulsory Redundanciesconsultation for redundancyRedundanciesRedundancyRedundancy Procedure

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Tag Archive Compulsory Redundancies consultation for redundancy Redundancies Redundancy Redundancy Procedure