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Judith Curran

Redundancy - top tips to getting it right....

Someone said to me yesterday "employment law is such a minefield..." and even as an employment lawyer I would have to agree. times are tough and many employers are having to make difficult decisions about the future of their businesses. So a few top tips to bear in mind. To avoid a costly trip to the employment tribunal, employers should always put staff at risk - give proper written notice that their jobs might be ending. This is usually followed by consultation when both sides should look at any suitable alternative employment within the business which might exist. if there is no possibility for alternative employment, then the employer can proceed to dismissal. if there is more than one employee effected, then the employer should select an employee for dismissal by scoring each employee against each other using fair and objective criteria. Needless to say (or is it!) never never never try to make employees who are protected such as pregnant women/women on maternity leave redundant without getting some advice.

Many employers now choose to side step the process and use a Compromise Agreement where they offer an enhanced redundancy payment in return for the employees agreement not to make any claims in the Employment Tribunal. For further information on this or any other employment issues, contact me on judith@cc-legal.co.uk or 07801 029980.

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Chris Maslin Comment by Chris Maslin on November 26, 2009 at 6:33am
Reminds me of a joke:

Boss, to four of his employees: "I'm really sorry, but I'm going to have to let one of you go."
Black employee: "I'm a protected minority."
Female employee: "And I'm a woman."
Oldest employee: "Fire me, buster, and I'll hit you with an age discrimination suit so fast it'll make your head spin."
They all turn to look at the helpless young, white, male employee, who thinks a moment, then responds: "I think I might be gay..."

But in all seriousness, this kind of thing is a minefield. If you're looking to make redundancies, seek professional advice first, as it will likely be much cheaper than the claims you may well face if you don't!

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