Redundancy Solicitors – UK Employment Tribunal Compensation Claim Lawyers
Our redundancy solicitors specialise in claims arising as a result of employment issues including disputed statutory redundancy payments. Our lawyers act on behalf of clients using the no win no fee scheme which means that if your solicitor does not succeed in obtaining compensation on your behalf then your solicitor will not get paid. If you would like to talk confidentially to an experienced redundancy solicitor without obligation about making a claim to the Employment Tribunal just use the helpline, email or complete and send the contact form.
For a redundancy solicitor to claim compensation an employee must have been dismissed due to the entire business closing down, or if the business continues, there must be a reduced need for workers of the employee’s type. To qualify for compensation the dismissed employee must have been continuously employed by the employer for 2 years at the date of the dismissal. Some employees are excluded from making a claim including:
- employee’s dismissed for misconduct
- employees who refuse suitable alternative employment
- fixed term contract workers of more than 2 years, who have renounced their rights
- share fishermen, people ordinarily working abroad, employees of foreign governments, civil servants and certain public officials
If there is reduced need for workers of the employee’s type or if the entire business closes down and the dismissed employee has been continuously employed by the employer for 2 years then compensation is payable.
Employers are required to provide a written financial statement and any claim should be made to an Employment Tribunal within 6 months of the employment terminating however the Employment Tribunal does have a discretion in certain restricted circumstances to extend this period by a further six months.
There are circumstances where a genuine situation exists but the dismissal is still unfair if the employer acted unreasonably in treating it as a sufficient reason for dismissing the employee determined in accordance with equity and the merits of each individual case. The tribunal in making its decision will take account off:-
- whether the employer has given reasonable notice of his proposed action
- whether the selection criteria has been applied fairly
- whether there was the possibility of alternative employment
Total redundancy compensation is capped with maximum weekly pay figures being applied and is as follows:
- one and a half week’s pay for each year in which the employee was over 41 years of age
- one week’s pay for each year in which they were over 22, but under 41
- half a week’s pay for each year over 18, but under 22
- the maximum number of years which may be counted is 20
If an employer offers an employee a suitable alternative job which is unreasonably refused by the employee then no claim can be made. An employee may still refuse to accept an alternative job and claim a compensation payment if the refusal was reasonable particularly after consideration of personal circumstances including health and family commitments. In such cases redundancy payment law allows a trial period of 4 weeks in the new job for assessment and the subsequent right to claim if the new job is unsuitable.
All employee’s are entitled to a written statement showing how the amount of their compensation has been calculated and in the event of dispute a claim should be made to the London Employment Tribunal within 6 months of the work terminating however the Tribunal does have a discretion in certain restricted circumstances to extend this period by a further six months.
Our specialist redundancy solicitors deal exclusively in employment matters and are able to pursue or negotiate claims and can provide representation anywhere in the United Kingdom. If you would like to talk confidentially to an experienced solicitor just use the helpline, email or complete and send the contact form.