Redundancy
Get in touch today
Expert support through redundancy for senior executives
Facing redundancy can be challenging, both professionally and personally. Many people feel anxious about the uncertainty and loss of control involved, as well as the possible financial impact.
While redundancy is never easy, with the right legal support you can manage the process effectively. The team at Bellevue Law is highly experienced in supporting clients to navigate redundancy processes and recognises the significant impact that redundancy can have on your career, finances and wellbeing.
We offer tailored, expert advice to help you understand your rights and options, protect your financial and professional interests, and achieve the best possible outcome.
With decades of experience, we support clients through even the most complex redundancy processes, explaining the steps involved and their rights and options, and often successfully negotiating improved redundancy packages with employers.
Understanding redundancy and your rights
Redundancy is a legal process. Technically, it arises when a business or workplace closes, or when employers have a reduced need for employees to perform a particular type of work; for example, due to financial pressures, merging with another business or a change in strategy or operations. It does not apply to termination of employment for other reasons, such as performance or misconduct.
Employers must also carry out a fair process before making redundancies, including warning and consulting affected employees, adopting fair selection criteria and considering suitable alternative employment.
Get in touch today
Compensation and redundancy packages
Where a true redundancy situation exists and a fair process has been followed, the employer need only pay the employee their contractual entitlements, typically notice pay and accrued but untaken annual leave, plus statutory redundancy pay. You can find a statutory redundancy pay calculator here.
However, many employers choose to offer enhanced redundancy packages, in return for the departing employee entering into a settlement agreement. This can benefit both parties, as the individual will receive a more substantial payment – and may feel more fairly treated – while the employer will be able to conclude the process swiftly, smoothly and with legal certainty.
We often support clients to negotiate improved financial terms in redundancy situations, whether on a commercial basis or because the fairness of their redundancy process is open to challenge. For senior executives with complex remuneration packages, this might include not only salary but also bonuses, deferred compensation, share options and pension rights.
Looking beyond financial terms
While financial aspects are critical, they are not the only concern.
We also support clients to manage the reputational fallout of redundancy, negotiating positive internal and external messaging and agreed references.
Senior executives often need to consider post-termination provisions in their employment contracts, such as non-competition clauses and restrictions on soliciting or dealing with clients. These can make finding a new role more difficult. We will discuss their enforceability and likely impact on your individual situation. We are often able to negotiate with employers to remove them, or reduce their duration, enabling you to move on with your career.
In some cases, loss of benefits is a major concern; for example, if you or your family are undergoing medical treatment covered by your employer’s private medical insurance. It is sometimes possible to negotiate extended medical cover, and we can support you to do this if so.
Settlement agreements will also often contain confidentiality and non-disparagement clauses. We ensure you understand what is being asked of you and negotiate to remove unduly onerous provisions.
Challenging unfair treatment and discrimination
If you believe that you are facing redundancy as a result of unfair treatment or discrimination, we can support you in challenging your employer.
We are experienced in advising and representing clients who believe their selection is discriminatory, including on the basis of sex, race, age and physical or mental disability. We regularly support clients who are facing redundancy while pregnant or during or after maternity leave.
In some cases, our involvement removes the threat of redundancy. More often, it leads to an improved exit package to reflect the value of potential claims.
How we work with you
When we work with clients facing redundancy, we start by understanding the context and any concerns you may have, as well as reviewing your employment and redundancy documentation.
In parallel, we ask you to consider your priorities, so that we can tailor our advice to your specific goals and support you to move forward, whether you wish to fight to save your job, negotiate the best financial package or address underlying issues such as discrimination or unfair treatment.
If you are content with the commercial terms on offer and only want advice on the terms and effect of the proposed settlement agreement, our Next Steps fixed fee service may be suitable, with the cost often covered by your employer’s contribution to legal fees.
Otherwise, during our initial consultation, we will take you through the terms being offered by your employer and ensure we understand your objectives, providing clear initial advice on the legal position and your options to help you create a strategy to respond to the proposed redundancy.
We will then provide bespoke support to help achieve the best possible outcome.
Despite challenging and sometimes unfair circumstances, a swift negotiated exit is often in clients’ best interests. If this is your objective, we will negotiate constructively on your behalf to achieve this or advise you behind the scenes if you prefer.
If it is necessary to challenge the process, however, we will support you to do this effectively. We have extensive experience of advising and representing clients to challenge unfair treatment, whether via off-the-record negotiation, internal processes or, if required, litigation.
Once commercial terms are agreed, we will advise you carefully on the draft settlement agreement proposed by your employer, ensuring you understand the commercial and legal implications, and negotiating on your behalf where changes are required.
We provide clear and transparent advice and costs information throughout the process.
Supporting you in moving forward with clarity and confidence
Whatever your priorities, our role is to help you make informed decisions and approach the future with clarity and confidence.
With expert, bespoke guidance, we help you navigate a challenging situation, achieve the best possible outcome, and move forward both professionally and personally.
Please get in touch if you would like our help with a potential redundancy.
Our Workplace Law Team
