Redundancy Lawyers
Glasgow, Scotland

Expert Redundancy Solicitors in Glasgow

Redundancy remains one of the most common workplace issues across Scotland. Employers must follow a fair legal process when making redundancies, and employees have important rights that must be respected throughout the process.

Our employment law solicitors advise both employees and businesses on all aspects of redundancy law, including consultation procedures, selection criteria, settlement agreements, unfair dismissal claims and redundancy payments.

We provide practical, straightforward advice tailored to your circumstances and work to resolve matters efficiently.

What Is Redundancy?

A genuine redundancy situation arises where an employer has a reduced need for employees to carry out work of a particular kind. This can happen for many reasons, including financial pressures, restructuring, relocation or technological changes within a business.

Redundancy situations commonly arise where:

• A business is closing completely
• A workplace or branch is shutting down
• Fewer employees are needed to carry out certain work

Even where a genuine redundancy exists, employers must still follow a fair procedure. Failure to do so can result in claims before the Employment Tribunal.

Redundancy Consultation Requirements

Employers are legally required to consult with employees who may be affected by redundancy.

This will usually involve individual consultation meetings where employees are given the opportunity to discuss the proposed redundancy, ask questions and explore alternatives to dismissal.

Where 20 or more employees are at risk within a 90-day period, collective consultation obligations may apply. In these circumstances, employers must consult with recognised trade unions or elected employee representatives.

A fair consultation process should include:

• Clear communication about the reasons for redundancy
• Adequate warning and meaningful consultation
• Consideration of alternatives to redundancy
• Proper consideration of employee feedback

A failure to consult properly can lead to claims for unfair dismissal or protective awards.

Fair Redundancy Selection Process

Where only some employees are being made redundant, employers must apply a fair and objective selection process.

This normally includes:

• Identifying an appropriate redundancy selection pool
• Applying objective selection criteria
• Carrying out scoring fairly and consistently

Selection criteria should not discriminate against employees. For example, using a “last in, first out” approach could potentially amount to age discrimination.

Employers should keep detailed records explaining how decisions were reached. Employees are entitled to challenge unfair or inaccurate scoring during the consultation process.

Suitable Alternative Employment

Before confirming redundancy dismissals, employers should consider whether suitable alternative roles are available within the organisation.

Alternative positions may include:

• Different roles within the same business
• Positions at another company location
• Reduced hours or amended duties

Employees who unreasonably refuse a suitable alternative role may lose their entitlement to statutory redundancy pay. Legal advice can help determine whether an alternative role is genuinely suitable.

Unfair Dismissal and Redundancy

Dismissal by reason of redundancy is still classed as a dismissal in law. This means employees may be entitled to bring an unfair dismissal claim where:

• The redundancy is not genuine
• A fair procedure was not followed
• Consultation was inadequate
• Selection criteria were unfair
• Discrimination was involved

Employees generally require at least two years’ continuous service to bring an unfair dismissal claim, though discrimination claims can arise regardless of length of service.

Our Glasgow redundancy solicitors can assess whether your employer acted lawfully and advise on potential Employment Tribunal claims.

Redundancy Pay and Employee Entitlements

Employees being made redundant may be entitled to:

• Statutory notice pay
• Payment for untaken annual leave
• Statutory redundancy pay
• Enhanced contractual redundancy pay

An employee may qualify for statutory redundancy pay where:

• They are legally classed as an employee
• They have at least two years’ continuous service
• They have not refused suitable alternative employment

The amount payable depends on age, weekly pay and length of service.

Redundancy Advice for Employers

Managing redundancies incorrectly can expose businesses to significant legal and financial risk.

Our employment solicitors advise employers on:

• Redundancy planning
• Consultation procedures
• Collective redundancy obligations
• Selection criteria
• Settlement agreements
• Avoiding unfair dismissal claims

We work with businesses across Glasgow and Scotland to help manage workplace restructures lawfully and efficiently.

Step-by-Step Guide to the Redundancy Process in Scotland

Our employment law solicitors advise both employees and employers throughout the redundancy process. While every situation is different, the following provides a general overview of the key stages involved.

1. 1

   Identify the Need for Redundancy

   The process usually begins when an employer identifies a reduced need for employees to carry out particular work. This may arise through business restructuring, financial pressures, workplace closures, relocation or operational changes.

2. 2

   Notify Employees and Begin Consultation

   Employers should inform affected employees about the proposed redundancy situation and begin a consultation process. Employees should be given an opportunity to understand the reasons for redundancy, ask questions and discuss potential alternatives.

3. 3

   Consider Alternatives to Redundancy

   Before any dismissal is confirmed, employers should consider whether redundancy can be avoided. This may involve reviewing alternative roles, changes to working arrangements or other measures that could reduce the need for job losses.

4. 4

   Apply a Fair Selection Process

   Where only some employees are affected, employers should identify an appropriate selection pool and apply objective selection criteria. The process should be fair, transparent and free from discrimination.

5. 5

   Explore Suitable Alternative Employment

   Employers should assess whether suitable alternative positions exist within the organisation. Employees may be offered different roles, locations or amended duties where appropriate. The suitability of any alternative role should be carefully considered before decisions are made.

6. 6

   Confirm the Redundancy Decision

   Following consultation and consideration of alternatives, the employer may decide to proceed with redundancy. Employees should receive confirmation of the decision together with information regarding notice periods, redundancy payments and any right of appeal.

7. 7

   Calculate Redundancy Pay and Other Entitlements

   Employees may be entitled to redundancy pay, notice pay, accrued holiday pay and other contractual benefits. Calculating these entitlements accurately is an important part of the redundancy process.

8. 8

   Resolve Any Disputes or Claims

   If concerns arise regarding the fairness of the process, employees may challenge the redundancy decision or seek legal advice regarding potential claims. Employers may also require legal support to defend claims or manage disputes arising from the redundancy process.

Why Choose Our Glasgow Employment Lawyers?

Our employment law team has extensive experience advising both employers and employees on redundancy matters throughout Scotland.

We are known for providing:

Whether you are challenging a redundancy dismissal or managing a workplace restructure, we are here to help.

Frequently Asked Questions