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In this article Chris Hadrill, the partner in the employment team at Redmans, gives his five top tips for employees on how to deal with redundancy settlement agreements

  1. Challenge your employer on any unfairness in the redundancy process
  2. Keep good notes of the process
  3. Make sure your employer checks whether there are any suitable alternative vacancies
  4. Get clear details of the redundancy package that you are being offered
  5. Get legal advice from a specialist employment solicitor

Challenge your employer on any unfairness in the redundancy process

One of the most important things that you can do in a redundancy process is, if you think that you are being treated unfairly, challenge your employer on the points of unfairness – if you challenge your employer then your employer might decide to reverse its decision on the redundancy process or it might decide to offer you a settlement agreement to compensate you for any points of unfairness.

We recommend that, if you do challenge your employer during the redundancy process, that you do so in writing in order to keep a written record of what happened and when. This will help you to negotiate a settlement at a later date, if necessary, and will also help in any Employment Tribunal claim that you might bring.

Read our article on questions you should ask your employer during the redundancy consultation process

Keep good notes of the process

As above, it’s a good idea to keep as comprehensive a written record as possible of the redundancy process. This would include:

  • Keeping notes of any meetings that you have with your employer regarding the redundancy process
  • Sending emails confirming the contents of any verbal conversations that you have had with your colleagues regarding the redundancy process
  • Keeping copies of emails, text messages etc. sent regarding the redundancy process
  • Keeping copies of any letters received from your employer regarding the redundancy process

Make sure your employer checks whether there are any suitable alternative vacancies

Your employer has a legal obligation to check whether there are any suitable alternative vacancies in the organisation prior to dismissing you and, if there are any suitable alternative vacancies, to offer them to you (or to give you an opportunity to apply for such).

If you are on maternity leave then you have an enhanced right to be placed into any suitable alternative vacant position in the organisation.

If your employer fails to comply with this obligation then any dismissal may be unfair, and it may be a point that you can use to negotiate your redundancy package.

Read more about your rights in a redundancy situation here

Get clear details of the redundancy package that you are being offered

If you are offered an enhanced redundancy package by your employer then it’s important to obtain a clear understanding of the breakdown of what you are being offered. You should therefore ask your employer to put details of what it is offering you in writing and, further, for them to break down exactly what you’re being offered (and which parts of the offer will be tax-free and which will not).

As a guide, you should normally receive the following sums as part of an enhanced redundancy package:

  • Notice pay
  • Holiday pay
  • Salary accrued to the termination date
  • Benefits to the termination date
  • Ex-gratia compensation for the termination of your employment (which can be paid tax-free to you)

The above list is not exhaustive, but it contains the normal types of sums that you can expect to receive if you are made redundant. However, you may also be entitled to other sums (such as commission, bonus, benefits etc.).

Once you have agreed the redundancy package with your employer they will normally provide you with a contract known as a ‘settlement agreement’ – this contract will set out the sums that you can expect to receive and, normally, a clause confirming that you are agreeing to waive any claims that you would otherwise have against your employer.

Get legal advice from a specialist employment solicitor

A specialist employment solicitor will be able to offer you expert advice on the redundancy process and any settlement agreement offered – they will, in particular, be able to advise you on the prospects of success of any claim for unfair dismissal that you may have and the value of your potential claim for unfair dismissal.

You are required, if you are offered a settlement agreement, to take legal advice from an independent legal adviser.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

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    Testimonials

    4.78 Average

    269 Reviews

    Sue W

    The people at Redmans talk to you with respect and make you feel like they take your situation personal. They clearly care and are extremely professional. I have recommended Redmans to many people.

    Posted 5 days ago

    Anonymous

    Redmans Solicitors were consistently prompt, efficient and professional from the start of my reaching out to them for support in relation to contentious negotiations of an employment matter that continued for almost two months resulting in a positive settlement agreement. Chris Hadrill was diligent, thorough, empathetic and objective in his advice and guidance, showing deep and broad knowledge of the law and legal processes plus extensive practical experience in handling complex matters, resulting in clear and pragmatic advice in ambiguous circumstances that resulted in a very good outcome. I fully recommend Chris Hadrill and Redmans Solicitors! I have made this review anonymous purely because of the confidentiality obligations in the settlement agreement concluded.

    Posted 1 month ago

    Michelle W

    Redmans solicitors provided legal support and advice for a settlement agreement. Excellent customer service, very professional. The senior associate solicitor kept me updated throughout the process, showed empathy and the agreement was signed-off / completed within the agreed timeline.

    Posted 1 month ago

    Mark W

    Redmans Solicitors were extremely professional and helpful! Chris Hadrill handled my case and was an amazing help! His guidance, advice and understanding to my redundancy settlement were always clear, concise and very helpful and I am very grateful to him, and glad I found Redmans to help with my settlement. I highly recommend them!

    Posted 1 month ago

    Alison M

    Very happy with the advice I received

    Posted 1 month ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 1 month ago

    Sanja K

    Very efficient and professional service.

    Posted 1 month ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 1 month ago

    Karen T

    Great service. Thank you.

    Posted 1 month ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 1 month ago

    Shanine M

    Excellent service, thank you so much!

    Posted 1 month ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 1 month ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 1 month ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 1 month ago

    Anonymous

    Great job done on my employment law

    Posted 1 month ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 2 months ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 2 months ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 2 months ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 2 months ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 2 months ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 2 months ago