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The
LEGAL PROCESS

1 The employer should consider whether there are alternatives to dismissing employees. Short-time or suspension of the employee’s duties may be appropriate, but consent from the employee must be obtained, as en employer has no right to unilaterally impose such conditions.
2 Is the employer making more than 20 people+ redundant at the same time. If so, please see Providing Information and Consultation [click though].
3 It is good statutory practice (and may also head off claims for unfair dismissal) to give advance notice of redundancy to an employee or their union if they are to be made redundant
4 If a collective redundancy is taking place, an employer must inform the Department for Business, Innovation and Skills (BIS).
5 The employer should be aware of the law relating to unfair dismissal. Even though redundancy is generally a fair reason to dismiss someone, it could become unfair in the way the redundancy is carried out. An employer should make sure the method of selection of employees for redundancy is fair and that suitable alternative employment opportunities have been considered.
6 An employee being made redundant has a right to a limited period of time off so that they can find alternative work or make plans to retrain themselves.
7 A statutory payment for redundancy will need to be calculated and paid to the employee.

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London EC2A 3DR

Tel: 020 7749 2700
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