In light of the increasing number of covid-19 cases in the UK, and increasing number of people with symptoms who are self-isolating whilst waiting for a text result, or are doing so on advice from the NHS, many employers are once again asking “what do I pay an employee who is self-isolating?”.

In this episode of the podcast I answer this common question for employers and employees, as well as tackling other employment issues.

In this episode I cover:

1. When does an employee have to self-isolate?
2. When Statutory Sick Pay (SSP) becomes payable to employees who are self-isolating?
3. What the covid/coronavirus SSP changes are?
4. Why employers need to ensure employees are encouraged to follow the rules and self-isolate when notified that they should.
5. Possible new penalties for employers who actively encourage employees to work or who ‘punish’ employees who self-isolate when required to.
6. Update on the Job Retention Bonus scheme which is payable in February 2021 at £1,000 per employee previously furloughed.
7. Reminder that the furlough scheme will be coming to an end on the 31st October 2020.
8. Why it is important to ensure that you are planning ahead and making changes or reductions in the workforce before the end of October.

This is the seventh and final episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover answers to the following questions:

• I have heard some people say it is unfair to make redundancies when the furlough scheme is still available, is this true?
• Can I make redundancies now or do I have to wait until the end of the furlough scheme?
• Do I have to keep employees on furlough if there is no work for them in the future?
• I have heard that there is a new way to work out redundancy pay is this correct?
• How do I calculate redundancy pay for someone who is furloughed?
• How much do I have to pay for notice?
• Do I pay 80% or 100% for notice pay?
• Can I claim furlough pay back from the government if it is for the notice period?
• I have heard that you cannot claim under the furlough scheme if you are making someone redundant?
• Can I claim the statutory redundancy payment under the furlough scheme?
• Can I select someone for redundancy who is furloughed?
• Can I change employee contract terms from fixed hours to zero hours to avoid redundancy?
• I have an employee who is furloughed and cannot return to work yet because of childcare, can I make them redundant?
• I plan to close the business altogether do I need to go through a redundancy consultation?
• If the furlough scheme does end in October can we still furlough staff and pay less?

Action Points

1. Ensure that you seek advice about any issues or changes, before you take action, particularly relating to furlough as it is a developing area of law.
2. Get all of the documents you need to complete the redundancy process here: Redundancy DIY Toolkit

Helpful Links

Employment Rights Act 1996 

 Polkey Case

HR1 Form 

Guide to Redundancy

DIY Redundancy Documents

Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).

Within this toolkit you will find everything that you need to undertake a redundancy process including:

• Redundancy plan – step by step guide
• Timetable to use – collective consultation and non-collective consultation versions
• Letter warning employees of redundancy situation
• First letter to employee representatives re proposed redundancies
• Letter to employees requesting volunteers for redundancy
• Letter to employee representatives with details of collective consultation process
• Ballot paper for election of employee representatives
• Nomination form for employee representatives
• Notice to employees with outcome of the elections
• Notice to employees re Employee representative elections
• Letter follow up on individual meeting
• Letter offer of alternative employment
• Letter to individual employees – provisional selection for redundancy
• Letter to individual employees confirming dismissal for redundancy
• Example Redundancy selection criteria

Click here to go to the DIY shop

For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

The unusual situation of maternity & redundancy plus answers to some FAQ's

This is the 7th episode of a mini series focusing on redundancy advice for employers and how to ensure you get things right.

In this episode I will cover:

• How to deal with employees on maternity leave
• What you need to do to consult employees on maternity leave
• What to pay employees on maternity leave
• When you have to offer an alternative role to an employee on maternity leave as a priority
• How to deal with notice for an employee on maternity leave
• What to do with employees on sick leave during a redundancy consultation
• Points to consider when consulting with a sick employee
• How to calculate redundancy pay for an employee on sick leave
• The relevance of the ACAS code of practice
• The legal obligation to allow an employee to be accompanied during the redundancy process
• What to do with those employees who volunteer for redundancy

 Action Points

Check your contracts and handbooks to see if you have any contractual obligations in terms of the redundancy process particularly for employees on maternity or sick leave, and with regards to the right to be accompanied during the redundancy process. .

Helpful Links

Online tool for working out statutory redundancy pay

Employment Rights Act 1996 

Simpson v Endsleigh Insurance Services 

Guide to Redundancy

Would you like advice about your situation?

Appointments are available on the telephone, via Microsoft Teams or Skype throughout the UK.

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

This is the sixth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

• The eligibility criteria for a statutory redundancy payment
• How to calculate continuous service and when it will be extended
• The relevant date for calculating redundancy pay
• When an employee will not be entitled to redundancy pay
• What happens if an employee refuses to work their notice
• What to do if an employee commits gross misconduct after being placed on notice of redundancy
• How to calculate redundancy pay
• How to work out a ‘weeks pay’ for employees with irregular hours and wages
• What will happen if a dispute arises about eligibility for redundancy pay
• What an employee will need to do if their employer cannot afford to pay their redundancy pay
• Points to consider if you pay enhanced redundancy pay or a discretionary payment

 Action Points

Check your contracts and handbooks to see if you have a legal obligation to pay an enhanced redundancy payment.

Helpful Links

Online tool for working out statutory redundancy pay

Employment Rights Act 1996 

Guide to Redundancy

 HR Harbour

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

DIY Redundancy Documents

Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).

Within this toolkit you will find everything that you need to undertake a redundancy process including:

• Redundancy plan – step by step guide
• Timetable to use – collective consultation and non-collective consultation versions
• Letter warning employees of redundancy situation
• First letter to employee representatives re proposed redundancies
• Letter to employees requesting volunteers for redundancy
• Letter to employee representatives with details of collective consultation process
• Ballot paper for election of employee representatives
• Nomination form for employee representatives
• Notice to employees with outcome of the elections
• Notice to employees re Employee representative elections
• Letter follow up on individual meeting
• Letter offer of alternative employment
• Letter to individual employees – provisional selection for redundancy
• Letter to individual employees confirming dismissal for redundancy
• Example Redundancy selection criteria

Click here to go to the DIY shop

For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

This is the fifth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

• Why you need to consider alternative vacancies within your organisation
• The legal obligation upon you to inform ‘redundant’ employees
• When you need to search for group company vacancies
• What you need to do if two or more employees apply for an alternative vacancy
• Why you must give priority to employees who are on maternity leave
• Trial periods for alternative employment
• When it will be reasonable or not for an employee to refuse an offer of a suitable alternative vacancy

Action Points

1. Ensure that you have a mechanism in place for informing employees of internal vacancies within your business.
2. Seek advice if you are unsure of the procedure.
3. Get all of the documents you need to complete the process here: Redundancy DIY Toolkit

Helpful Links

Employment Rights Act 1996 

 Polkey Case

HR1 Form 

Guide to Redundancy

DIY Redundancy Documents

Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).

Within this toolkit you will find everything that you need to undertake a redundancy process including:

• Redundancy plan – step by step guide
• Timetable to use – collective consultation and non-collective consultation versions
• Letter warning employees of redundancy situation
• First letter to employee representatives re proposed redundancies
• Letter to employees requesting volunteers for redundancy
• Letter to employee representatives with details of collective consultation process
• Ballot paper for election of employee representatives
• Nomination form for employee representatives
• Notice to employees with outcome of the elections
• Notice to employees re Employee representative elections
• Letter follow up on individual meeting
• Letter offer of alternative employment
• Letter to individual employees – provisional selection for redundancy
• Letter to individual employees confirming dismissal for redundancy
• Example Redundancy selection criteria

Click here to go to the DIY shop

For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

This is the fourth episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

• Why getting the correct Pool for redundancy is so important
• How to ensure you select a fair Pool for redundancy
• When you can have a Pool of one employee
• How to devise a fair selection criteria
• What objective criteria to use in your selection
• Why you should stay clear of subjective criteria wherever possible
• What you should avoid scoring employees on
• What information to give to employees about the scoring

Action Points

1. Ensure that you have basic recording and measuring of employee performance, attendance and other records available when selecting.
2. Assign one or two people to manage the process of devising pools and completing selection criteria.
3. Seek advice if you are unsure of the procedure.
4. Get all of the documents you need to complete the process here: Redundancy DIY Toolkit

Helpful Links

Employment Rights Act 1996 

 Polkey Case

HR1 Form 

Guide to Redundancy

DIY Redundancy Documents

Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from this website for £100 plus VAT (£120).

Within this toolkit you will find everything that you need to undertake a redundancy process including:

• Redundancy plan – step by step guide
• Timetable to use – collective consultation and non-collective consultation versions
• Letter warning employees of redundancy situation
• First letter to employee representatives re proposed redundancies
• Letter to employees requesting volunteers for redundancy
• Letter to employee representatives with details of collective consultation process
• Ballot paper for election of employee representatives
• Nomination form for employee representatives
• Notice to employees with outcome of the elections
• Notice to employees re Employee representative elections
• Letter follow up on individual meeting
• Letter offer of alternative employment
• Letter to individual employees – provisional selection for redundancy
• Letter to individual employees confirming dismissal for redundancy
• Example Redundancy selection criteria

Click here to go to the DIY shop

For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

In this episode of the podcast I cover the recent update to the job retention / furlough scheme following the announcement from the Chancellor on the 29th May 2020.

In this episode I will cover:

• The key changes to the scheme which come into effect on the 1st July 2020.
• Details about the impact on employees who are currently on ‘family leave’ plus listen through to the end for an addition I made following the exemption published on the 9th June 2020.
• Recommended steps and planning ideas for employers.
• Practical action points for employers.

Action Points

1. The number one thing that you need to consider is the future of your business. If you have not already done so it is crucial to think – what is my business going to look like in the next 2, 3, 4 – 6 months?

2. Do you need to start making cutbacks of staff now or planning for the near future? If so, will you need to start a collective redundancy consultation?

3. Check to see if there is flexibility in your employment contracts? Consider are your workforce flexible and willing to change?

4. Ensure that any calculations and cash projections you have made now include the requirement to pay NI and pension contributions from the 1^st August 2020, and then factor in the employer contribution to wages for September and October.

5. Get your ‘house in order’ and prepare your claims and timing as soon as possible. From 1 July, claim periods will no longer be able to overlap months. There is effectively a ‘reset’ of the scheme from the 1^st July 2020 as it moves into what I would call phase two of the job retention scheme.

6. You will have until 31st July 2020 to make any claims in respect of the period up to 30 June 2020 thereafter you will be unable to claim for the period of ‘phase one’ of the scheme.

7. If your future planning and re-opening plans mean that it is likely you will need to bring employees back from furlough on reduced hours to start with it is important to start a dialogue with the affected employees now. Begin to prepare them for return and explain what will be required of them, where possible try to get agreement and buy-in to your plans. See my article ‘The Reluctant Returner’ about how to handle this communication.

Resources

If you would like to bring an employee back from furlough on a part-time/reduced hours basis we have produced a template letter with agreement, for you to use and you can request a free copy by sending an email to: alison@realemploymentlawadvice.co.uk please put in the subject line ‘flexible furlough return letter’.

We also have a general return from furlough letter which includes a variety of options for you and this is also available for free by sending an email to alison@realemploymentlawadvice.co.uk please put in the subject ‘return from furlough letter’ and we will email you a copy.

From the 12^th June 2020 HMRC will provide more detailed guidance for employers on how to calculate the furlough claim and how the scheme will work.

Details of the scheme which is currently available can be read here: https://www.gov.uk/guidance/check-which-employees-you-can-put-on-furlough-to-use-the-coronavirus-job-retention-scheme

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

This is the third episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

• When you are required to elect employee representatives.
• Why it may be helpful to have employee representatives even if you do not require them for legal reasons.
• Collective consultation timing for the process of electing representatives.
• The steps of the process that employers need to follow to fairly appoint/elect employee representatives.
• Practical steps and ideas to use if you are going through a redundancy process.

Action Points

1. If you are considering redundancy carefully consider if you need to elect employee representatives.
2. Put in place a plan with timings for the process.
3. Assign one or two people to manage the process.
4. Seek advice if you are unsure of the procedure.
5. Get all of the documents you need to complete the process here: Redundancy DIY Toolkit

Helpful Links

Employment Rights Act 1996 

 Polkey Case

HR1 Form 

Guide to Redundancy

DIY Redundancy Documents

Available to purchase now, all of the letters and documents you need, including guidance, to complete a redundancy process. It is available to download directly from www.adviceforemployers.co.uk for £100 plus VAT (£120).

Within this toolkit you will find everything that you need to undertake a redundancy process including:

• Redundancy plan – step by step guide
• Timetable to use – collective consultation and non-collective consultation versions
• Letter warning employees of redundancy situation
• First letter to employee representatives re proposed redundancies
• Letter to employees requesting volunteers for redundancy
• Letter to employee representatives with details of collective consultation process
• Ballot paper for election of employee representatives
• Nomination form for employee representatives
• Notice to employees with outcome of the elections
• Notice to employees re Employee representative elections
• Letter follow up on individual meeting
• Letter offer of alternative employment
• Letter to individual employees – provisional selection for redundancy
• Letter to individual employees confirming dismissal for redundancy
• Example Redundancy selection criteria

Click here to go to the DIY shop

For more information or to access specific advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

This is the second episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

• What the difference is with consultation for 20 or more employees.
• What a minimum consultation would be.
• How to deal with a Collective Consultation.
• Why consultation is vital for a fair dismissal.
• When you have to notify the Secretary of State.
• How to consult employee representatives.
• What the ‘Protective Award’ is.
• Things to consider when consulting with employees during the covid-19 pandemic.
• Why you should include extra time for the consultation process if staff are working from home or furloughed.
• Why it is important to consider timing of the process in light of the recent extension to the furlough/job retention scheme.

Action Points

1. If you are considering redundancy carefully calculate the number of employees likely to be redundant as a result within the next 90 days (including those who volunteer).
2. Put in place a plan with timings for the process.
3. Sign up for our free webinar on Wednesday 20th May 2020 at 10am – https://adviceforemployers.co.uk/events/

Helpful Links

Employment Rights Act 1996 

 Polkey Case

HR1 Form 

Guide to Redundancy

Free Redundancy Webinar: Wednesday 20th May at 10am

In this webinar Solicitors, Alison Colley and Albert Bargery will be covering the basics of the redundancy process in a simple and easy to understand way.

You will learn the steps required for a redundancy process and the preparation required if you are thinking that cut backs or reductions may be required within your business.

As businesses start to look to the next steps after lockdown it may be necessary to make reductions and it is crucial that you follow the minimum legal process.

You can sign up for tickets by clicking here:

REGISTER FOR FREE TICKETS

 

 

Coming Friday 15th May: DIY Redundancy Documents

You will be able to purchase all of the letters and documents you need, including guidance, to complete a redundancy process. It will be available to download directly from this website for £165 plus VAT (£198).

Click here to go to the DIY shop

For more information or to access advice please contact us on 01983 897003 or by email: 

alison@realemploymentlawadvice.co.uk

---

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – 

alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

---

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

---

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

 

This is the first episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

• What the legal definition of redundancy is
• How to establish if it is a true redundancy dismissal
• Some examples of when it will be a redundancy

Statutory Definition of Redundancy – Section 139 Employment Rights Act 1996 

(1)For the purposes of this Act an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to—

(a)the fact that his employer has ceased or intends to cease—

(i)to carry on the business for the purposes of which the employee was employed by him, or

(ii)to carry on that business in the place where the employee was so employed, or

(b)the fact that the requirements of that business—

(i)for employees to carry out work of a particular kind, or

(ii)for employees to carry out work of a particular kind in the place where the employee was employed by the employer,

have ceased or diminished or are expected to cease or diminish.

Action Points

1. If you are starting out with what you believe is a redundancy dismissal then ensure that you check the statutory definition before you start.
2. Sign up for our free webinar on Wednesday 20th May 2020 at 10am – https://adviceforemployers.co.uk/events/

Helpful Links

Employment Rights Act 1996 

Safeway Stores Plc v Burrell [1997] 

EXOL Lubricants v Birch & Another [2014]

Murphy v Epsom College [1985]

Free Redundancy Webinar

In this webinar Solicitors, Alison Colley and Albert Bargery will be covering the basics of the redundancy process in a simple and easy to understand way.

You will learn the steps required for a redundancy process and the preparation required if you are thinking that cut backs or reductions may be required within your business.

As businesses start to look to the next steps after lockdown it may be necessary to make reductions and it is crucial that you follow the minimum legal process.

You can sign up for tickets by clicking here:

BUY TICKETS

 

Coming Friday 15th May: DIY Redundancy Documents

You will be able to purchase all of the letters and documents you need, including guidance, to complete a redundancy process. It will be available to download directly from this website for £165 plus VAT (£198).

Click here to go to the DIY shop

For more information or to access advice please contact us on 01983 897003 or by email: 

alison@realemploymentlawadvice.co.uk

---

Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – 

alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006

---

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

---

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

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