Redundancy & Dismissal
In our experience we see employers getting the redundancy process wrong more times than they get it right. The process is critical and so is the method used to choose who to make redundant. Whether as a result of business pressures or due to a reduction in staff numbers, redundancy carries with it significant consequences for all parties involved. There are also processes that should govern redundancy which apply to employers:
Consideration of alternative options prior to an employee being made redundant
Employers and employees must consider what alternative arrangements can be made before pursuing redundancy. This includes both parties considering reasonable options for alternative employment within the business. If an employer makes a reasonable offer to an employee of employment, which is unreasonably refused, employees may bar themselves from any redundancy payment that would otherwise be due.
Selection procedures for redundancy
Employers must be very careful to ensure that they apply objective criteria in selecting employees to consider for redundancy. Any suspicion that the redundancy process has been unfair or has been based on questionable criteria could result in an unfair dismissal claim being brought against the employer, which, if successful, could carry significant financial penalties.
Notice requirements that must be observed
There must be sufficient notice given to employees of the likelihood of redundancy, to allow time for alternative employment to be investigated. Failure to observe this requirement could result in employers suffering penalties at a later date.
It is vital that if you are concerned about the impact redundancy could have on your organisation that you speak to experienced legal advisors who can give practical advice and guidance to address your worries.
Sherwin O’Riordan is a leading commercial law firm that offers comprehensive legal services to employers, to help them navigate the complex field of employment law. If you are concerned about how the laws governing redundancy apply to your business, please contact our team today. We can help with a range of employment law services including discrimination & equality issues and settlement agreements.
Why should you use Sherwin O'Riordan?
- All of our employment lawyers are recognised as leading specialists in this area, not only in Dublin but in Ireland. They are all regular speakers and commentators on employment law issues.
- We work closely with the Small Firms Association advising their members.
- We have dealt with many cases like yours on a regular basis.
- We know what a fair settlement amount is and we know what isn’t. We also know what procedures and processes should be followed and we know where most of the mistakes are made.
- We have also settled cases for employers with employees who have received bad advice because their lawyer isn’t a specialist employment lawyer who settles the case for far less than the case is worth.