Covering Oxford, High Wycombe, Aylesbury, Banbury, Witney and more.
We advise both employers and employees on redundancy. In summary, a redundancy situation arises when an employer needs fewer employees to do work of a particular kind, or is closing down premises or moving operations to a new premises. Often this can lead to claims for unfair dismissal if it is not handled correctly. We regularly advise employees on whether the process their employer is adopting, or has adopted, is fair, and whether they have been paid all the amounts they are properly owed. We also advise employers on how to properly and lawfully manage a redundancy situation, so as to avoid claims for unfair dismissal. If you are an employee who is being made redundant, or if you are an employer considering making redundancies, please call for a no obligation, no charge telephone consultation to see if we can help.
Employees with two years’ continuous employment are protected under the Employment Rights Act 1996 against being unfairly dismissed. This means, in short, that an employer has to act fairly when dismissing an employee, otherwise the employee can claim unfair dismissal. In some cases the employer acts in such a way that the employee feels there is no option but to resign. This is called constructive dismissal, which is often also unfair. We advise employees on unfair dismissal, and in certain circumstances can offer a no-win no-fee agreement to take the case on, all the way to the employment tribunal hearing if necessary. We also advise employers (not on the same case of course) on how to avoid claims for unfair dismissal and defend claims that arise. Because we act for both employers and employees, we understand the problems associated with each side’s position, and can therefore effectively advise on the best strategy to get the best outcome for our client.
As with all employment claims nowadays, the employee must first contact Acas for what’s called ‘Early Conciliation’ before being able to put a claim in to the Tribunal. We can also advise on this process, or conduct it on your behalf if you wish. Employees should also be aware of the three month time limit for bringing unfair dismissal claims, though this can be extended in some circumstances.
Although in most cases, two years of employment are needed in order to be able to claim unfair dismissal, in certain circumstances this is not the case. For example: dismissal for certain health and safety reasons, whistle-blowing, asserting a statutory right, for being pregnant or being a part-time employee. If you are in any doubt about your rights, please do call us for a no charge telephone consultation on 01865 487136.