Being made redundant can be a tough time. It can leave individuals in financial difficulties and cause stress and upset for you and your loved ones. Legal advice can ensure that you receive the right amount of redundancy pay, giving you some financial security.
An employer in financial difficulty often needs to reduce the number of its employees by making them redundant. A redundancy is a potentially fair reason for dismissal, in selecting those to be made redundant, the employer must act reasonably.
We can assist to ensure that you are treated fairly during redundancy, ensuring that selection processes are fair and advising whether the process is non-discriminatory. If you are fairly selected for redundancy we can help to ensure you get the full redundancy pay that you are entitled to.
Employees who have been employed for two years or more are entitled by state to a redundancy payment on a sliding scale, calculated in accordance with age and length of service. Some employers provide their employees with a contractual right to an enhanced redundancy thus it is important to know your rights.
Most tribunal cases concerning redundancy revolve around the following criteria:
- Whether the people selected for redundancy are actually redundant;
- Whether they have been selected for some unfair reason;
- Whether proper individual consultation and/or collective consultation has been implemented;
- What is the correct amount of compensation to which any redundant person is entitled.
During a redundancy process, employers will often seek voluntary redundancies from their employees. This can lessen their potential legal liability to an unfair selection process. Through voluntary redundancy individual employees can often get a larger settlement amount that they would have been entitled to. We can advise you on this process and on how to achieve the best settlement.
If you are offered a voluntary redundancy then this settlement agreement will have to be reviewed by an independent lawyer to advise you on the contents of the agreement. This is a legally binding document which sets out the terms of your redundancy. In return for signing the agreement you effectively agree not to bring a claim against your employer. In return for signing away your rights to claim your employer will usually offer a compensation payment. The first £30,000 of this compensation is usually tax free.
When signing a settlement agreement, the legal advice is usually funded by your employer though the advice is independent. Your employer will provide you with an agreement and insist that you take legal advice, we will consider the document with you and sign off on it if you are in agreement with the terms of settlement once they have been explained.
We understand that this can be a very difficult time. We can offer clear advice to protect your employment rights and achieve the best result for you in your situation
Our Employment Fees and Costs
Our employment solicitors are:
Scott Taylor (Solicitor with at least 8 years’ experience)
Ben Tighe (Solicitor with at least 8 years’ experience)
Max Hornigold (Solicitor)
Angela Giannotti (Solicitor – London)
Chris Bennett (Junior Executive – London)
Our hourly charges are as follows:
Private (Leeds and Middlesbrough) :
Partners/Solicitors with at least 8 years’ experience – 265.00
Solicitors with at least 4 years’ experience – 230.00
Solicitors, Legal Executives, Senior Executives – 200.00
Trainee Solicitors – 140.00
Junior Executives/Assistants – 140.00
Private (London) :
Partners/Solicitors with at least 8 years’ experience – 450.00
Solicitors with at least 4 years’ experience – 325.00
Solicitors, Legal Executives, Senior Executives – 250.00
Trainee Solicitors – 150.00
Junior Executives/Assistants – 150.00
Lesser complexity case
This would tend to be a case where unfair dismissal is the sole claim and the matter is limited to a one-day hearing.
It would be in the region of £15000-£18,000 plus VAT and disbursements (if we instruct counsel).
Medium complexity case
This would be a case where there are additional claims to unfair dismissal, such as discrimination. This would also apply where the case for unfair dismissal requires a Preliminary Hearing or where the case is listed for a Final Hearing of two or three days’ duration.
This would be in the region of £20,500- £23000 plus VAT, plus counsel fees of approximately £1,500 for the first day of the Final Hearing and £1,000 for the refreshers for the second and subsequent days of the Final Hearing. .
Higher complexity case
This would be a case where the unfair dismissal claim involves multiple discrimination complaints or complex matters such as whistleblowing/making of protected disclosures and where the case is listed for a Final Hearing of two or more days’ duration.
From £20,000 to £25000 plus VAT, plus counsel fees of £1,500 for the first day of the Final Hearing and £1,000 for the second and subsequent days of the Final Hearing.
The following factors can have an impact on the complexity of a case:
- Defending claims that are brought by litigants in person
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
- The number of witnesses and documents
- If it is an automatic unfair dismissal claim. For example if the reason for dismissal is because of a protected disclosure or an employee’s pregnancy or maternity leave
The fees set out above cover all of the work in relation to the following key stages of a claim:
- Taking initial instructions, reviewing the papers and advising on merits and likely compensation
- Entering into pre-claim conciliation
- Preparing a claim or response
- Reviewing and advising on a claim or response from other party
- Exploring settlement and negotiating settlement throughout the process
- Preparing a schedule of loss
- Preparing for and attending a Preliminary Hearing
- Exchanging documents with the other party and agreeing a bundle of documents
- Taking witness statements, drafting statements, and agreeing their content with witnesses
- Preparing bundle of documents
- Reviewing and advising on the other party’s witness statements
- Agreeing a list of issues, a chronology and/or cast list
- Preparation for the Final Hearing or instructions to Counsel
The stages are not fixed and guaranteed, and we will adjust our costs accordingly when some stages are not required.
How long will my matter take?
The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 2-4 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 9-18 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf. Disbursements incur a VAT charge of 20%.