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We acknowledge the complexities employers face when navigating redundancy situations in the workplace. Our experienced legal team is ready to provide specialised advice and strong representation to effectively manage these challenges. We are dedicated to assisting you through each step of the redundancy process, ensuring you have the necessary support and resources to implement redundancies appropriately and in compliance with legal standards.
Karena Nicholls
Partner
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What is Genuine Redundancy
A redundancy happens when an employer no longer requires the employee’s job to be done by anyone or becomes insolvent or bankrupt. Factors that may contribute to redundancy include restructures within an organisation, relocation of the business, new technology in place of manual labour, a downturn in sales or production or if a business closes down. Depending on your terms of employment and the nature of the company, there are certain criteria that must be met for a redundancy to be genuine. These criteria vary from person to person and include consultation regarding major workplace changes or severance pay depending on years of service.
An employee must be given written notice of a redundancy, in line with their period of continuous service. Employees over 45 years old who have been employed for at least two years receive an additional week of notice in their entitlements.
There are various eligibility requirements for an employee to be made redundant. For instance, the employee must have engaged in a period of continuous service with the employer for over 12 months. Additionally, they must be employed on a full-time or part-time status, NOT on a casual or temporary basis.
There may be other obligations and requirements that the employer and employee will be liable for. The team of Lawyers at Coutts will be able to assess your circumstances and advise you on the appropriate action to take.
How can Coutts help you?
At Coutts, we provide expert guidance to ensure that redundancy processes are conducted fairly, transparently, and in compliance with legal obligations. Whether it’s due to organisational restructuring, changes in technology, or business closures, our team helps you discern the criteria for genuine redundancy.
We assist in navigating the consultation processes for major workplace changes and determining severance pay entitlements. With in-depth knowledge of eligibility requirements and written notice regulations, we provide strategic advice tailored to your situation. If you need guidance on redundancies within your organisation, trust Coutts to provide clarity and actionable solutions.
What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer / Conveyancer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer / Conveyancer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer / Conveyancer will outline any final actions or considerations.
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Introducing Karena
Your Compassionate Lawyer.
Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.
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Redundancy FAQ’s
A genuine redundancy occurs when an employer no longer needs an employee’s job to be performed by anyone, usually due to operational reasons like business restructures, advancements in technology, or downturns in sales. The criteria for genuine redundancy may vary but often include consultation about major workplace changes and severance pay considerations.
A redundancy is deemed genuine if the employee’s job is no longer needed. If a dismissal occurs for reasons other than operational requirements – for example, due to discrimination or retaliation – it may be considered an unfair dismissal.
Employees must be given written notice of redundancy corresponding to their continuous period of service. Employees over 45 years old with a service period of at least two years are entitled to an additional week of notice.
Generally, only full-time and part-time employees with a continuous service of over 12 months are eligible for redundancy. Casual or temporary employees are usually excluded from redundancy entitlements.
Employers should carefully evaluate the business needs, ensure they’re complying with all legal obligations, offer proper consultation to affected employees, and provide due compensation and support during the process.
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