Redundancy
Whether you are an employer planning a redundancy process or an employee affected by redundancy or caught in a transfer of undertakings, we are here to provide you with the legal advice and support you need to navigate this complex area.
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Call: +44 1904 217184
Email: enquiries@pw-la.co.uk
What is Redundancy?
Redundancy occurs where dismissal is:
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wholly or mainly attributable to the fact that the employer has ceased or intends to cease to carry on the business for the purposes of which you were employed, or in the place where you were employed; or
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the fact that the requirements of the employer for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where you were employed have ceased or diminished or are expected to cease or diminish.
The important feature of the definition is not whether the need for the job (“work of a particular kind”) done by the employee has ceased or diminished (or is expected to do so). Instead, the question is whether the requirements for employees to do that type of work has ceased or diminished. In other words, the amount of work needed to be done might remain the same (or may even increase) but if it can be done with less people, then there is a redundancy situation.
Employers often claim that there has been a reduction in the work needing to be done, but this is not always the real reason for dismissal. It can be cheaper and less time consuming to label someone “redundant” rather than follow, say a performance process that could take many months.
What is a Transfer of Undertakings?
Where a business is transferred from one employer to another, the transfer does not end the employment relationship. Usually, your contract of employment is carried over into the new business, with your existing terms intact (including your old redundancy terms).
If you are made redundant in connection with a transfer, either by your old employer before the transfer takes place, or by the new employer after the transfer has taken place, the employer would have to show that there was a real redundancy and that the transfer was not the only reason (or the main reason) for the dismissal. The rules governing such a situation are found under the commonly known “TUPE Regulations“.
Our Fees
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Case & Document Review - £175+VAT |
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Drafting Claim and issuing possession proceedings County Court - Section 21 Notice - £175+VAT |
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Drafting Claim and issuing possession proceedings in County Court - Section 8 Notice -£250+VAT |
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Preparation Review Hearing (including document bundle) & Representation - £350+VAT |
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Court Fee to Issue Proceedings(subject to change) County Court - £415 |
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Advocacy fee in addition if required for final hearing - £400-£950+VAT |
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Warrant of Possession (drafting plus Court fee (£152-subject to change) |
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Transferring up proceedings to High Court for writ of possession and control (Optional for Judgments over £600, must be used for judgment over £25000) Writ of Possession(includes High Court Enforcement agency instruction) - £250+VAT |
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Why Choose PW-LA?
WHY SHOULD YOU INSTRUCT PW-LA REPRESENT YOU?
EXPERT alternative dispute resolution
With specialist expertise in dispute resolution, PW-LA delivers comprehensive litigation and advocacy services focussing on tailored fixed fees to meet clients’ specific budgets and desired outcomes.
CLient centred approach
Clients are priority receiving equal attention to your unique experiences, perspectives and circumstances; listening to your concerns with empathy and understanding, and acting in your best interests is the service you can expect. Taking care to ensure your budget aligns with your expectations and achieving that best desired outcome. You will receive clear, practical advice and representation, guiding you through the legal process with transparency, at all times mindful of legal costs to pursue or defend a case.
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Get in touch today
Get in touch with PW-LA today for an initial free, no obligation consultation.
Our registered office is at Tower House Business Centre, Fishergate, York, YO10 4UA, United Kingdom.
