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“Education, too?”: tips for investigating sexual allegations in schools and higher education settings
Alfie Cranmer
With the current economic climate characterised by post-Brexit uncertainty, the prospect of redundancy is becoming an increasing reality as many businesses consider scaling down or moving their UK bases abroad.
But what exactly is redundancy? And what should a diligent employee do when they receive that phone call or email initiating the redundancy process?
“Redundancy” is the term used when an employer reduces a company’s workforce due to one of the following:
A Business Closure: where an employer is ceasing or intending to cease the business for the purpose of which the employee was employed.
A Workplace Closure: where an employer is ceasing or intending to cease the business in the place where the employee was employed.
Reduced requirements: where there is a reduced requirement for employees to carry out a particular kind of work or a particular kind of work in the place where the employee was employed.
If your employer has offered you a settlement agreement, you should not feel obliged or pressured to accept it. It is essential to seek legal advice regarding the contents of any settlement agreement before you enter into it. This is not only a legal requirement but will also ensure that you reach an agreement which is beneficial to you and tailored to your needs. Your legal adviser must be independent of your employer.
It is vitally important that an employee facing the prospect of redundancy is aware of their rights and the correct procedure that should be adopted by their employer. In certain circumstances, redundancies are inevitable and unavoidable, but knowing your rights will enable you to spot breaches of procedure, identify situations where you may have a claim and ultimately help you to ensure that you are treated fairly.
Your rights on redundancy are dependent on both the length of time that you have worked for your employer and the terms of your employment contract. If you have been an employee of the company for two years, you will have the following rights:
Even if you have not worked for your employer for two years, you still have the following rights in a redundancy situation:
In addition to respecting your rights in a redundancy situation, your employer must also follow certain steps to ensure that you are treated fairly. The procedure is as follows:
If an employer has not followed these steps, they may not have acted fairly. In this event, it is important that you seek legal advice and explore the options available to you.
When facing the prospect of a redundancy, being aware of your rights and the correct procedure which your employer should adopt is essential in order to recognise when you have been treated unfairly and to understand when you may have a claim or can negotiate a higher settlement. If you are concerned about the prospect of redundancy, or you feel that the correct redundancy procedure has not been followed, please feel free to contact us.
If you have any questions about the issues raised in this blog, please contact Tom Beak or any member of our employment team.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Alfie Cranmer
Melinka Berridge
Sameena Munir
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