HENRY
LEES ¨ SOLICITORS
|
|
|
|
Employment
Issues: Redundancy - as an employee you will need to establish entitlement to a redundancy payment and consider the right to be consulted by your employer. In order to be a fair dismissal by reason of
redundancy, there must be a genuine
redundancy
situation
and, your
employer must reasonably adopt the correct procedures in relation to consultation,
the selection
criteria
and the
offer of alternative
work
or
assistance in finding alternative
work. Employers should follow
the minimum disciplinary and dismissal procedure prescribed by The Employment
Act 2002 (Dispute Resolution) Regulations 2004.
As with most employment questions this also involves a
referral to the Employment Rights Act 1996. Redundancy usually arises when the
employer has ceased, or intends to cease, to carry on the business, whether this
is because of insolvency or reorganisation. For more information contact David Ryder at our Whitchurch office and/or see the link to ACAS - http://www.acas.org.uk/index.aspx?articleid=774 For employers you will need to have a strategy to observe the legal requirements of consultation so the employees know what is involved and have fair treatment. Consultation should include keeping staff informed about the need for redundancies, the period of consultation, the numbers and descriptions of employees it is proposed to dismiss as redundant, the way the employees will be selected for redundancy and the method of calculating the amount of redundancy payments to be made to those who are dismissed. If the employer is
contemplating taking disciplinary action against an employee or, the employee is
raising a grievance, then there will need to be a review of the employer’s
disciplinary and grievance procedures. These should be set out in writing either
within the contract of employment or, the employers Staff Handbook. The Employment Act 2002
(Dispute Resolution) Regulations 2004 provide statutory minimum procedures in
relation to disciplinary and grievance procedures; and give rights and
responsibilities to both employers and employees and apply regardless of the
size of the employer's business.
If an employer is contemplating dismissing
an employee, the employer must follow a minimum statutory procedure. If not and
the matter goes to Tribunal, and the Tribunal considers the employer to be at
fault, then the dismissal may be regarded as automatically
unfair with increased compensation; and, the
amount of any damages awarded to the employee must be increased by at least 10%
(unless there are exceptional circumstances) and possibly up to 50%. If a Tribunal considers
that the failure to follow the relevant procedure is due to the employee, then
the employee may be prevented from bringing the claim or,
damages will normally be reduced by at least 10% and possibly by 50%. A grievance is a concern,
problem or complaint that an employee has with regards to their work, working
conditions or relationships with colleagues. The statutory minimum
grievance procedure means in the event of a complaint to a tribunal and, the
Tribunal determine that the statutory minimum grievance procedure has not been
followed and, this was the employers fault, then again the amount of any damages
awarded must be increased by between 10% - 50%. Where the Tribunal
considers that the failure to follow the relevant procedure is due to the
employee, then the damages will be reduced by between 10% - 50%. For discussion regarding these issues including forms of compromise agreement –to settle differences between employers and employees then contact David Ryder at our Whitchurch office. Debt
Collection It will be even more important in times of financial stress to ensure people pay their debts! Each business will need effective credit control and debt collection systems are vital if your business maintains its working cash flow. W e can provide a comprehensive legal service to include: Letters before action, which are often sufficient in a significant number of matters, we shall consider any possible alternatives to litigation, as well as issuing Court proceedings on your behalf against a debtor, to obtain judgment and prepare the necessary documentation for enforcement of the debt, including statutory demands and winding up proceedings. We recognise that each case is different and needs to be assessed independently as to the viability of pursuing it through the Court system. We would discuss with you all aspects of the case including the chances of success and costs of recovery. Often quick action is the best remedy. .Do not delay – for a quick, efficient and cost effective service call Stewart Mills or David Ryder at Whitchurch office on 01948 663361 today.
|
|
The
advice and information given on this site is of a very general nature, and may
not deal with your individual requirements. It is believed accurate but Henry
Lees cannot be held responsible for any action that may or may not be taken by
anyone accessing this site and acting on the information contained in it. Our
liability can only extend to specific advice given by qualified members of the
firm after the completion of a formal client agreement and retainer letter. Henry Lees is a firm of solicitors established in the United Kingdom and is registered with the Solicitors Regulation Authority. Copyright © 2007
Henry Lees Solicitors LLP
|