With current struggles in the financial market, many businesses are looking to make cut-backs in order to remain solvent. Unfortunately, this often means cutting back on staffing costs, which can be done through redundancy, lay-offs and short-time working.
Forbes Solicitors offer a bespoke service to those with issues relating to redundancies and can advise you every step of the way, easing stress and resolving the matter with your best interests at heart.
A redundancy situation arises where an employer's need for employees to:
Employers must follow a fair procedure and consider whether any alternatives to redundancy may be available. Employers should also consider whether suitable alternative employment can be offered to a redundant employee.
Employees have a right not to be unfairly selected for redundancy and a clear procedure must be applied consistently, in order for the procedure to be fair for all workers. If an employee believes that their redundancy was unfair, they may be able to make an unfair dismissal claim to the Employment Tribunal.
An employee who has more than two years' continuous service will be entitled to a statutory redundancy payment. This is calculated using a statutory formula, which takes into account the employee's age, length of service and gross weekly pay.
When employees are not provided with work by their employer and the situation is expected to be temporary, they are regarded as being 'laid off'.
In order to be lawful, lay-offs must either be contractually agreed (whether with the employee in their contract of employment or with a relevant trade union) or implied from custom and practice over a long period of time.
Employees can be laid off without pay where there is a specific term in their contract allowing this to happen.
When employees are laid off, they may be entitled to a statutory guarantee payment from the employer. Payment is limited to a maximum of five days in any period of three months and the daily amount is subject to an upper limit which is reviewed annually.
Short-time working occurs when employees are laid off for a number of contractual days each week, or for a number of hours during a working day.
As in the case of a lay-off, the employer must have an express or implied power in order lawfully to reduce an employee's pay in these circumstances.
18 Feb 2019
Employment & HR
Leading legal firm Forbes Solicitors has appointed Katy Parkinson as a Solicitor in its Commercial Employment…
Emma led us through a complex Employment Tribunal case which we would not have successfully succeeded without her and the team at Forbes support, they made us feel at ease throughout the process
Alexander Dennis Limited
We wouldn't work with any other firm when it comes to employment and HR topics.
UK HR Business Partner
Voith Paper Ltd
The service offering at Forbes is of outstanding quality and value and has consistently exceeded our expectations.
Head of HR
Head of department Jonathan Holden leads a team of 'highly competent individuals' covering the full range of employment matters.
2018-19 edition Legal 500
Forbes Solicitors provides 'swift, efficient and pragmatic advice to its clients'.
2018-19 edition Legal 500
We find that the Forbes team take a pragmatic and supportive approach and enjoy working with their team.
Kepak Convenience Foods
We approached Forbes Solicitors on a recommendation because as a small independent organisation we needed clear guidance and backing on HR matters.
Piccadilly Garden & Support Service
The Forbes team were fantastic, the work and effort they put in was impressive and I was made to feel at ease throughout the proceedings. I can not thank the Forbes team enough
Without doubt Jonathan Holden is like a security blanket. He understands that schools need to act in the best interest of school as a whole
Brenda P Allen
I will keep promoting you and your services because I'm fully committed to the quality of your work and the impact that it has in school.
Ashton Community Science College
Amy Stokes was more than helpful throughout the whole process - Thank you Amy.
Forbes are proactive in relation to changes in legislation and keep me informed via regular seminars, updates and bulletins.
Business Support Manager
Birchall Catering Supplies Ltd
I have always found everyone at Forbes to be approachable, helpful and professional, and would have no hesitation in recommending them to any other business
E A Foulds Limited
May I say how much the employment team at Forbes have helped Samlesbury Hall with staff issues over the past ten years.
...we have found Forbes to be an excellent team of people to work with, fully understanding our needs and goals.
Apeks Marine Equipment Ltd.