If you need to downsize, or face financial challenges, you may be considering making some business changes. If you need to make employees redundant, you should follow a fair process and, if you are making 20 or more employees redundant, that process is prescribed and involves collective consultation with employee representatives or trade union officials. A failure to carry out such collective consultation can result in penalties becoming payable to each affected employee (which isn’t always limited to just those who you ended up selecting for redundancy).
Our solicitors at Fox & Partners are experienced in helping businesses of all sizes through redundancy processes, providing support to the extent required. We can provide step-by-step advice on the process to follow including help with selection criteria, election of employee representatives and considering any queries raised by employees and how to respond to those. We can also provide the draft documentation you need, including letters to employees, selection criteria matrices and calculation of statutory and enhanced redundancy payments.
If you are avoiding redundancies but instead need to change your employees’ terms and conditions, including pay, benefits or working hours, the process can be daunting. What changes can you make? What changes might trigger a claim by an employee? We can help with that and with implementing the changes. Collective consultation may be required in some situations and we guide employers through the process and also facilitate compliance with individual consultation obligations. Once the new terms have been agreed, we can assist with implementing and recording them in new contracts of employment.
How Fox & Partners can help…
- advise on the options available and ways to avoid redundancies
- provide strategy and practical advice on restructuring and redundancy situations
- provide advice on short-term working and temporary changes to terms and conditions
- explain the redundancy process and the steps required
- provide a step-by-step guide which covers all the essentials to ensure legal compliance
- help at each stage and provide tailored documentation to issue to employees
- provide advice on specific issues and any problems which may arise, including appeals
- support your business after the redundancy process, where you may experience issues with the remaining staff, including performance management and low morale.
Please call us on 020 7618 2400