Redundancy

Expert Advice on Redundancy and Redundancy Dismissals

For swift, strategic advice on redundancy, redundancy dismissals, settlement agreement and unfair dismissal, talk to Kervin & Barnes on 0203 178 5361.

Kervin & Barnes lawyers have a comprehensive understanding of redundancy (procedures, dismissals, related claims and settlements) and regularly advise UK senior executives and other high net worth individuals on the procedures they face, how to manage them and how best to negotiate related Settlement Agreements. We also represent clients in Unfair Dismissal claims at Employment Tribunal. Kervin & Barnes act for both senior employees and employers; this gives us the distinct advantage of seeing the situation from both sides and anticipating the strategy the other side will deploy.

What is Redundancy?

Redundancy is one of five “potentially fair reasons” for dismissal under s.98 of the Employment Rights Act 1996. However it is often the “no fault” reason for dismissal preferred by employers. Any redundancy dismissal should only occur after an appropriate redundancy procedure; depending on the potential number of redundancy dismissals, that may require collective consultation and well as individual consultation.

Employers may try to avoid the necessity for individual and/or collective consultation by offering employees Settlement Agreements (previously called Compromise Agreements) at some point in the process.  Our redundancy solicitors regularly provide advice to senior executives, directors and partners – based in London and around the UK – through all stages of a compromise agreement / settlement agreement.

Advising Senior Employees & Directors in and around London

The prospect of redundancy can be daunting.  It is often not only the threat of an immediate loss of income, but also the potential loss of accrued bonus, deferred bonus, share options/other deferred equity and the post termination restrictions affecting the individuals ability to secure future employment. It is essential that all these issues are dealt with as a “package” and as early in the process as possible.  Kervin & Barnes’ redundancy lawyers have extensive experience in dealing with the full gamut of issues effecting senior employees in London.

As a result of their success, our team and our solicitors individually have received acclaim in the leading legal directories: Legal500 and Chambers & Partners.

Recent experience includes

Over recent years, redundancy-related advice has been a regular service to employees in a wide range of different industries.  However, recent advice to senior executives includes:

  • Advising three Board members on their “redundancies” following private equity investment – including negotiation of bonus entitlement, reduced restrictive covenants and substantial compensation.
  • Negotiating the settlement terms (compromise agreement / settlement agreement) for a director made redundant following a TUPE transfer.
  • Advising a team of architects on their collective redundancy and individual settlement agreements.
  • Representing a Senior Marketing Manager in her claim for unfair dismissal, where her employment was terminated (by reason of “redundancy”) shortly after her notification of pregnancy.
  • Securing exit packages of 100s of £1,000s – both genuine and sham redundancy situations.
  • Achieving a settlement package of £5m for a “redundant” employee.
  • Litigating and/or securing settlements for employees made “redundant” in discriminatory circumstances (sex discrimination; age discrimination; race discrimination; pregnancy discrimination; maternity discrimination).

Get an overview on the law relating to redundancy, settlement agreement, unfair dismissal and breach of contract.

Talk to a specialist employment lawyer

If you would like to speak on a confidential basis to one of our solicitors about a potential or actual redundancy, associated claims and/or a Settlement Agreement, please call us on 0203 178 5361 or email info@kervinandbarnes.com.