Monday, 06 September 2010

About Borg Knight Solicitors

Borg Knight Solicitors is a boutique law firm specialising in employment law. Our law firm serves individuals and companies, offering employment law advice at a competitive rate. We have meeting facilities in Kent and London.  Our meeting facilities in Kent are in the Medway towns, Maidstone, Dartford, Canterbury, West Malling & Sittingbourne.

Redundancy

For Employees

Being at risk of redundancy or being made redundant can be a difficult situation to go through.

We have experience in advising clients undergoing individual and collective redundancies - both in assisting to challenge the redundancy selection or to maximise the redundancy compensation payment.

We look at whether the correct procedure is followed and this includes consultation, fair selection and the possibility of suitable alternative work.

We also advise on compensation available to those facing redundancy, considering your individual circumstances so as to negotiate a better termination package.  We provide independent legal advice on compromise agreements which are increasingly used by employers in termination arrangements.

Things to keep in mind if you are made redundant:

  • You have the right to your notice period.  You may be required to work this out or be paid in lieu of it.

  • If you have been with the company for one continuous year or more you may be entitled to bring a claim for unfair dismissal however this depends on your individual circumstances as redundancy is a potential fair reason for dismissal.

  • If you have 2 years or more continuous service, you have the right to a statutory redundancy payment which is calculated on the basis of your age and length of service.

For Employers

Redundancy has two different meanings for the purposes of employment law.  The first is to establish the entitlement to redundancy payment and the second deals with the right for employees to be consulted.

A redundancy situation occurs when:

  • The employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was so employed; or

  • The employer has ceased, or intends to cease, to carry on the business in the place where the employee was so employed; or

  • The requirements of the business for employees to carry out work of a particular kind has ceased or diminished or are expected to cease or diminish; or

  • The requirements of the business for the employees to carry out work of a particular kind, in the place where they were so employed, has ceased or diminished or are expected to cease or diminish.

Things to keep in mind when making redundancies:

  • Consult the employees

  • Consider alternatives to redundancy

  • Apply a fair selection

  • Pay out any redundancy pay

  • Give the correct amount of notice.

We have experience in advising employers making individual and collective redundancies.  We make sure that the correct procedure is followed and this includes consultation, fair selection and the possibility of suitable alternative work. We also assist you in calculating the correct amount of payments to be made to your employees.