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Employers never look forward to making redundancies, but it is sometimes necessary. If making redundancies does prove necessary, it is imperative that employers follow relevant procedures correctly and fairly.
For there to be a legitimate redundancy situation one of the following conditions must be met:
Where more than 20 employees are being made redundant over a period of 90 days or less an employer has a duty to collectively consult with its employees. Where 100 or more redundancies are proposed then the redundancy consultations must commence at 45 days before the first dismissal. When there are less than 100 redundancies, the consultations must commence at least 30 days before the first dismissal.
If an employee has been continuously employed for more than 2 years they have the right not to be unfairly dismissed. Dismissal by reason of redundancy may be considered “unfair” if the employer has failed to undertake the following:
If you are considering making staff redundant, a timely conversation with an employment lawyer can ensure that the correct procedure is followed saving you time and money. For advice and assistance please contact the Employment Team at Poole Alcock Solicitors on 01270 625478. Alternatively you can visit our employment services page here or complete the form linked here and we will call you back.
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