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Disabled workers missing out on £1m redundancy payments

Arlington Automotive Group whose headquarters are in Coventry has gone into administration, leaving many of its disabled employees missing out on enhanced redundancy packages.

During the coronavirus pandemic, the same redundancy rights apply.  An employer needs to follow a fair process and respect employment law.  This includes, considering suitable alternative roles and consulting with employees – even in these challenging times, failure to do this could result in claims for unfair dismissal.  A brief outline of the procedures include:

  • Up to 19 employees:  The employees should at the very least receive a letter about the proposed redundancy and be given the opportunity to attend a consultation meeting.
  • Redundancy procedure for over 20 employees:   If 20 or more employees are to be dismissed within 90 days or less, employers must consult with trade union representatives (if recognised) or employee representatives if no trade union is recognised.
  • Individual Consultations:  An employer must explain to the employees that there is a redundancy situation and that the employee’s job is at risk. 
  • Dismissal notices:  Employers should not send out dismissal notices until consultation has taken place.

If more than 20 people are made redundant from one site and there was a failure to consult with the workforce prior to the redundancies taking effect, a claim for a protective award could also be made. Our specialist employment law solicitor has a wealth of experience of these claims so please contact us if you would like further information.   

If you are made redundant, you would be entitled to notice pay.  The statutory minimum notice period is one week’s notice for each year of continuous employment up to a maximum of 12 weeks. 

You may also be eligible for statutory redundancy pay if you meet the qualifying criteria.  Click here to use the government calculator to calculate your redundancy pay.  

We understand that these are extremely stressful and worrying times.  If you have been affected by redundancy at Arlington or any other organisation and would like to know what your legal rights and options are, talk to our specialist employment law solicitor, Lisa Aitken on 07960 469988  or email:  LisaA@moore-tibbits.co.uk for free initial advice.

 

 

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