What we do

We are specialist employment lawyers, who work to fit in with you. We provide you with expertise and technical excellence whilst adopting a flexible approach tailored to your needs. More cost effective than a traditional solicitors' firm, more knowledgeable than HR advisers.

We advise employers on how to ensure their business complies with employment law. We will be sure to provide helpful products and solutions. No legal jargon or lengthy pieces of advice which don’t help you find a solution.

We also act for employers or employees when they are in dispute. From claims of discrimination, disciplinary hearings, grievances, through to whistleblowing claims, we will guide you through, taking the time to understand the issues you are facing and focusing on the outcome you wish to secure.

Contact us now : contact@temple-employment.co.uk

What employers can and can't do in managing their workforce.
This guidance aims to dismiss some of the myths about what employers can and can't do in managing their workforce.


Being made redundant?
Understand your rights

 
     
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For employment law to be effective there needs to be a balance between protecting employees and enabling businesses to operate effectively in order to support economic growth.

Advice and guidance on employment law often focuses on the rights of employees and what employers have to do to comply with their responsibilities. This focus can leave some businesses feeling they have lots of responsibilities but no rights, the balance is all in the favour of the employee, and being afraid to take on and effectively manage their staff.

This guidance aims to dismiss some of the myths about what employers can and can't do in managing their workforce. It tells you what you are reasonably entitled to ask and know about your employees, and what action you can take if there are problems.

As an employer - as long as you act fairly and reasonably - you are entitled to:

  1. ask an employee to take their annual leave at a time that suits your business
  2. contact a woman on maternity leave and ask when she plans to return
  3. make an employee redundant if your business takes a downward turn
  4. ask an employee to take a pay cut
  5. withhold pay from an employee when they are on strike
  6. ask an employee whether they would be willing to opt-out from the 48 hour limit in the Working Time Regulations
  7. reject an employee's request to work flexibly if you have a legitimate business reason
  8. talk to your employees about their performance and about how they can improve
  9. dismiss an employee for poor performance
  10. stop providing work to an agency worker (as long as they are not employed by you)
  11. ask an employee about their future career plans, including retirement

This is intended to help employers understand what they can do in general. Of course, individual circumstances may vary and employers should act in accordance with their legal obligations.

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Your employer has said they may make you redundant. What can you do? What should your employer be doing?

What is redundancy?

                                               
Redundancy is a form of dismissal from your job, caused by your employer needing to reduce the workforce. Reasons could include:

  1. new technology or a new system has made your job unnecessary
  2. the job you were hired for no longer exists
  3. the need to cut costs means staff numbers must be reduced
  4. the business is closing down or moving

If your employer is making less than 20 employees redundant in one establishment it is an individual consultation.
If your employer is making 20 or more employees redundant in one establishment within a 90 day period it is a collective redundancy.
Collective redundancies generally occur when there is a:

  1. business or building closure, meaning your employer no longer needs as many employees
  2. reorganisation or reallocation of work

Your right to consultation

Employers should always consult with you before making you redundant. The consultation should aim to provide you with a way to influence the redundancy process. The consultation will normally involve:

  1. speaking to you directly about why you have been selected
  2. looking at any alternatives to redundancy

If this doesn't happen, your redundancy may be unfair dismissal.

Collective redundancies

If your employer is thinking about making collective redundancies they have a duty to consult with the potentially affected employees' representatives.
If your employer doesn't consult the representatives, you may be able to make an Employment Tribunal claim for a protective award. This is an award of up to 90 days' pay.   

Redundancy selections and notice periods                             

Your employer should use a fair and objective way of selecting people to make redundant. This means that it should be evidence based rather than your employer just deciding who they want to make redundant.
Normally your job must have disappeared for your employer to make you redundant. However, it can still be a genuine redundancy if someone moves into your job after their job disappears, making you redundant (called bumping). This can be difficult for your employer to justify as fair.
If your employer bases your redundancy selection on an unfair reason your redundancy will automatically be unfair and you may be able to make a claim to an Employment Tribunal for unfair dismissal.

Redeployment by your employer

If your employer is making you redundant they should try to offer you suitable alternative employment within their organisation or an associated company. Your employer should consider any alternatives to making your redundant.
You may also have the right to time off for job hunting.                                     

Redundancy pay

                                               
If you are entitled to statutory redundancy pay the calculation is based on:

  1. how long you have been continuously employed
  2. your age
  3. your weekly pay, up to a certain limit

You should check your employment contract to see if your employer offers a more generous redundancy package.        

If your employer denies your rights, talk to them - if you have an employee representative (eg a trade union official), they may be able to help. If this doesn't work, you may need to make a complaint using your employer's internal grievance procedure.