How long does the redundancy process last? Employment Law

How long a redundancy consultation period lasts is dependent on the number of employees that are to be made redundant and the type of consultation needed. As a general rule, the more employees that are to be made redundant the longer the consultation period lasts.

  • For less than 20 employees the law states that the consultation must take place ‘within a reasonable time’.
  • For 20-99 employees, the consultation period must last at least 30 days before the first dismissal.
  • For 100 or more employees a collective consultation must last at least 45 days before the first dismissal.

Is there a way to make the redundancy process quicker?

It is important that the redundancy process is followed in full to ensure it is fair for all employees involved. However, there are certain situations where an employer might identify the need to make an employee, or group of employees, redundant without wanting to go through the time-consuming consultation process.

In these cases, employers can offer a settlement agreement. A settlement agreement is a legally binding contract which, when signed, prevents the employee from bringing a claim against their employer for unfair selection or unfair dismissal. For settlement agreements relating to redundancy it is common for an employer to make an offer of an ‘ex-gratia’ payment which is more than the employee’s statutory redundancy payment. This is often used to encourage employees to waive their rights to the consultation.

Help & Support From Beswicks Legal

If you have any questions regarding redundancies, consultation periods or settlement agreements, our team can help. At Beswicks Legal our specialist team of employment law experts are on hand to support you in taking your next steps. Get in touch today to talk to us.

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