Employment Law

 
Offering specialist knowledge on all areas of employment law, Farnworth Rose can provide employer clients with clear and straightforward advice, when faced with employee and employment related problems. We help employers with various issues including breaches of contract, disciplinary matters and disputes in the work place with employees.
 
Farnworth Rose also guide employer clients through redundancy programmes, where an employer may be at risk of receiving an unfair dismissal claim if there is not a genuine redundancy, or if the selection process is deemed to be flawed. Even when an employer has genuine and justifiable reasons for redundancy, the redundancy may be deemed unfair if the selection criteria is too subjective or if there is a lack of proper prior consultation with affected employees.
 
Employers must, where possible establish a formal procedure on redundancy and not use it as an excuse for dismissal. Employers can, to avoid the risk of receiving an unfair dismissal claim enter into a formal agreement with an employee, through a compromise agreement.  Voluntary redundancy in this way negates the requirement for entering into a lengthy consultation and selection process.  The basis of a compromise agreement drawn up between an employer and employee, is that the employee agrees not to bring any further claims he or she may have against the employer in exchange for a compensation payment.
 
Where it is deemed necessary for a group of employees to be made redundant, employers must carefully determine the pool of employees from which selection will be made for redundancy. The selection pool will normally consist of employees who undertake a similar type of work in a particular department, work in a particular location or whose work has either ceased or diminished or is likely to do so in the near future.
 
Only employees dismissed by reason of redundancy, with two or more year's service, are entitled to a redundancy payment. Redundancy payments are based on a statutory minimum payment, depending on age, lengthy of service and weekly salary.
 
Farnworth Rose can guide you through a redundancy programme ensuring the process satisfies your obligations and addresses the rights of your employees. It is essential employers take great care when selecting employees for redundancy. Defects in procedure and procedural unfairness will result in claims of unfair dismissal being bought against you or your company.