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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

    4.80 Average

    371 Reviews

    Jonathan L

    The service I received was friendly and professional. I appreciated the timely communications and Mel was always available for any questions I had. I'd definitely recommend Redmans and will use them in a heartbeat should the situation arise again.

    Posted 4 days ago

    Glyn B

    Provided a great service, covered all my requirements

    Posted 4 days ago

    Fidel A

    Redmans Solicitors recently helped me navigate a recent employment termination settlement agreement. Chris Hadrill is very professional and you will be in good hands with him. I score Redmans 4 out of 5 because things had to move fast and felt the team member assigned to my case wasn't very responsive at times. Having said that, I was very happy with the outcome and have no hesitation in recommending their services.

    Posted 5 days ago

    Nigel A

    Chris Hadrill is hugely impressive - the right blend of assured calm and savvy professionalism. I've already recommended him to friends and family.

    Posted 6 days ago

    Matt O

    I was hugely impressed with the ease of being able to work with Redmans Solicitors and their professional approach. Mel was really clear around the process, and costings required and I felt comfortable throughout. I would certainly recommend.

    Posted 6 days ago

    Bryan G

    Great response, and also happy to assist

    Posted 6 days ago

    David L

    I was made a settlement offer by my employer to terminate my emplyment early. Redmans helped me understand the offer, and ensured that it was fair for someone in my position. They made a very stressful situation much easier. Excellent service.

    Posted 1 week ago

    Anonymous

    I can highly recommend Redmans. The service was professional and prompt and I would not hesitate to use them again. Thanks

    Posted 1 week ago

    Anonymous

    Overall I am satisfied with the performance from Redmans. The reason I have given 4 stars is that I had quite a lot difficulty in contacting the representative which was initially nominated for me. However, when I contacted Chris instead, he was excellent over the phone and secured a great outcome in short order. I would recommend Redmans Solicitors.

    Posted 1 week ago

    Anonymous

    Chris and Redmans were a great help. Effective and efficient, quick response from my first enquiry and then straightforward and attentive throughout with ultimately a positive outcome. I will use them again and recommend them.

    Posted 2 weeks ago

    Marie P

    Great service, quick responses, good advice and all in a no nonsense, no jargon manner. Would definitely recommend.

    Posted 2 weeks ago

    Anonymous

    Rana was amazingly thorough and professional!

    Posted 2 weeks ago

    Anonymous

    I am extremely happy with the legal advice I was provided with. My case was resolved to the best of my expectations. Thank you very much for your professional help.

    Posted 2 weeks ago

    Shahzad R

    Chris and his team were excellent. They provided sound advice and consultation that resulted in more cash than was offered. Would definitely recommend.

    Posted 2 weeks ago

    Sanjay B

    I would like to take this opportunity to thank Mel Chin, for all her support during my settlement process. Where she provided a professional service and was understanding. I would confidently recommend Redmans Solicitors to my friends and family. Thank you and wishing you all a Merry Christmas.

    Posted 1 month ago

    Paul O

    Excellent response time and communication during my dealings with Redmans

    Posted 1 month ago

    Gil T

    I don’t normally write reviews, but thought it was time on this occasion. Just wanted to say that I highly recommend Redmans - especially Rana Tandon, who helped me navigate around my employment contract. Rana was meticulous and thorough and all over my needs. Would I use Redmans again ? ..absolutely

    Posted 1 month ago

    Stephanie D

    Very thorough and professional service. I was very nervous about my employment case, as I had never dealt with anything like it before. However, the solicitors who handled my case made sure I understood everything. I was never kept in the dark and Redmans kept me constantly informed about what was going on with my case. I would definitely recommend Redmans Solicitors

    Posted 1 month ago

    Richard S

    Chris and Sacha were great throughout the entire process. Chris was very helpful once the initial discussions with my company began and before we agreed there was a case. Sacha was very responsive, patient and helpful throughout ensuring I felt I had the right information to make the best decision on next steps. A close friend and wife have both used Redmans in the past few years for unfair dismissals and the service continues to be first-class and I would strongly recommend them again. They definitely help reduce the anxiety that comes with uncertainty around new processes and situations. Thank you!

    Posted 1 month ago

    Jianya

    Very nice and patient went through the whole document with me.

    Posted 1 month ago

    Susan L

    Very helpful and led me through the redundancy process.

    Posted 1 month ago