Uneak White's Personal Brand Exploration Presentation
A Fair Redundancy
1. Complimentary Webinar Slides:
A Fair Redundancy
Marie Walsh
Winston Solicitors LLP
112 Street Lane Roundhay Leeds
maw@winstonsolicitors.co.uk
2. A little bird told me….
Help companies with their direct hiring strategy
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4. Definition
Section 139 ERA 1996
If the dismissal is “wholly or mainly
attributable” to the employer
Ceasing or intending to cease to carry on
business for the purposes of which the
employee was employed by it (business
closure)
5. Definition - Section 139 ERA Cont
Ceasing or intending to cease to carry on
the business in the place where the
employee was employed (work place
closure)
Having a reduced requirement for
employees to carry out work of a
particular kind or to do so at the place
where the employee was employed to
work (reduced requirement)
7. Collective consultation TULRCA
1992
20 or more employees over a period of 90
days
Under 100 – 30 days
Over 100 – 45 days
Before the first dismissal takes effect
Notify the Secretary of State
8. Redundancy and UD
Redundancy is a potentially fair reason for
dismissal
Section 98(4) applies – Fair Procedure
Pool employees
Select based on objective criteria
Be transparent
Avoid any discrimination pitfalls
10. Redundancy Payments
0.5 week's pay for each full year they
were under 22
1 week's pay for each full year they were
22 or older, but under 41
1.5 week's pay for each full year they
were 41 or older.
Employees can only count a maximum of
20 years' service and the 'weekly pay' is
subject to an upper limit.
12. Thank you
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