Redundancy & TUPE Solicitors
Facing the prospect of losing a job or your employment being transferred to a new employer can be a stressful and uncertain time for employees. Such situations can also create difficulties for employers.
By being aware of the legal framework and issues that apply to redundancy or transfer of undertakings (TUPE) situations, all of those involved will be better informed and able to mitigate against any potential damage.
BBM Solicitors’ employment lawyers are employment law experts with extensive experience in handling redundancy and TUPE issues. If you need advice or are looking for assistance regarding layoffs, redundancy processes or transfers of undertakings, please do not hesitate to contact us.
Your Rights and Responsibilities in a Redundancy
Redundancy occurs when employees are dismissed because an employer needs to reduce the number of people they employ. This may be as a result of a business or workplace closure or simply because there is a reduced requirement for employees to carry out work of a particular kind.
Employment law gives certain rights to employees facing redundancy. It also imposes responsibilities on employers to make sure that the redundancy process is fair. Employees facing redundancy may, depending on the particular facts of the situation, be entitled to:
- Consultation (either individually or collectively);
- The opportunity to move to a different role with the same employer;
- A notice period and time off to find another job;
- A redundancy payment.
Employers requiring to reduce their workforce must ensure that they follow a fair redundancy selection process. The following guidelines should assist employers in dealing with the process:
- All employees must be contacted and informed that there are going to be redundancies;
- Fair and objective selection criteria for deciding who will be made redundant must be applied;
- Workers selected using the criteria must be consulted on whether redundancy can be avoided, such as by filling a new role or taking a sabbatical;
- Any decision taken to terminate employment on the grounds of redundancy must be communicated to the affected employees and they should be given an opportunity to appeal the decision.
Redundancy Solicitors Edinburgh, Wick, Aberdeen, Glasgow, Dundee & Highlands, Scotland
At BBM Solicitors, our specialist employment lawyers have expertise in advising employees and employers about their rights and responsibilities in relation to Redundancy or TUPE.
In light of the current situation regarding COVID-19, many employers will soon begin to reassess how they run their businesses and whether they can continue to trade in these challenging economic times. Even if an employer can stay afloat, it is likely that many will require to consider whether they still require all of their employees or whether a redundancy exercise should be considered. Click here to read our Redundancy Guide for Employers.