Restructuring & Redundancy Solicitors
Whether you are an employee facing redundancy and worried about your rights, or an employer needing to navigate the complexities of a fair restructuring process, our specialist SRA-regulated solicitors are here to provide clear, robust legal advice.
Expert Guidance for Every Side of the Process
Restructuring and redundancy can be a difficult time for everyone involved. We provide clear, specialist advice for both employees and employers. Please select your position below.
Redundancy Rights Advice
Understand your legal rights regarding consultation, selection criteria, and suitable alternative employment.
Unfair Dismissal
Challenging a redundancy that you believe is a sham or that resulted from an unfair selection process.
Settlement Agreements
Expert legal advice on the terms and value of a redundancy package or settlement agreement offered by your employer.
Unsure of Your Rights?
Contact us for a confidential callback to discuss your redundancy situation.
Restructuring Advice
Strategic guidance on planning and implementing a business restructure in a legally compliant way.
Redundancy Process
Ensuring your selection pools, criteria, and consultation process are fair and robust to avoid tribunal claims.
TUPE Guidance
Expert legal advice on your obligations when employees are transferring during a business sale or merger.
Need Business Advice?
Request a callback to protect your business during a restructure.
Real UK Case Study: The Importance of Fair Procedure
Gwynedd Council v Barratt & Hughes [2021]
The Situation: Two teachers were made redundant by a school. The school had failed to properly consult with them about the selection pool and criteria before making its final decision.
The Problem: The teachers brought a claim for unfair dismissal, arguing that the lack of meaningful consultation made the entire process unfair, regardless of whether a genuine redundancy situation existed.
The Outcome: The Court of Appeal agreed, confirming that a fair consultation is a fundamental part of a fair redundancy procedure. The dismissals were ruled unfair because the employer had not engaged in a proper consultation process before making its decision.
What this means: This case highlights that having a genuine reason for redundancy is not enough; the procedure you follow must also be fair. Our solicitors guide both employers and employees through this process to ensure legal compliance and protect their rights.
"They Handled a Difficult Situation with Professionalism"
Your Questions About Redundancy
A redundancy can be unfair if there was no genuine redundancy situation, if you were selected for a discriminatory reason (e.g., because you were on maternity leave), or if your employer failed to follow a fair procedure. This includes failing to consult with you properly, or using an unfair selection pool and criteria.
If you have over two years of service, you are entitled to statutory redundancy pay. The amount depends on your age, weekly pay (capped at a government limit), and length of service. Many employers offer an enhanced contractual redundancy package, which we can review for you in a settlement agreement.
A settlement agreement is a legally binding contract where you agree to waive your right to bring an employment claim (like unfair dismissal) in return for a sum of money from your employer. You must receive independent legal advice from a solicitor for it to be valid, and your employer is required to pay for this advice.
You have a legal duty to act fairly and reasonably. The key obligations are to establish a genuine redundancy situation, identify a fair selection pool, consult meaningfully with all affected employees about the situation and alternatives, and apply objective selection criteria fairly.
Yes. You have a duty to search for and offer any suitable alternative vacancies within your organisation to employees who are at risk of redundancy. A failure to do so can make a dismissal unfair. We can advise on what is considered 'suitable' in your specific circumstances.
If you are proposing to make 20 or more employees redundant at one establishment within a 90-day period, you have a legal duty to consult collectively with elected employee representatives. Failure to do so can result in a significant 'protective award' penalty of up to 90 days' pay per employee.
Navigate a Difficult Process with Confidence
Whether you are an employee or an employer, our expert solicitors are here to provide the clear, professional guidance you need to protect your rights and interests.
Request a Callback TodayGet in Touch
0330 333 8797
info@wildings-solicitors.co.uk
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862-864 Washwood Heath Rd, Ward End, Birmingham, B8 2NG
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Monday to Friday
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