Redundancy Advice for Employers and Employees in Scotland

Redundancy is one of the most challenging areas of employment law, for both employees facing uncertainty and employers under pressure to restructure. At Pomphreys Solicitors in Wishaw, we advise both employers and employees across Scotland on redundancy law, ensuring fair processes, legal compliance and clarity for all involved.

What Is Redundancy?

Redundancy occurs when a job role is no longer required, typically due to financial pressures, business closure, relocation, or structural changes. It must relate to the role, not the individual, and be handled with transparency and fairness.

Employers must follow a fair consultation process and adhere to statutory procedures. Employees, in turn, have rights to notice, redundancy pay, and, where appropriate, the opportunity to challenge how the process was conducted.

For Employees: Know Your Rights and Options

If you’re facing redundancy, we’ll help you assess whether your employer has followed a fair process and whether your selection or treatment may be open to legal challenge.

We can support you with:

Reviewing the fairness of selection and consultation
Checking calculations for statutory or enhanced redundancy pay
Identifying any signs of discrimination or improper selection
Challenging unfair redundancy via grievance or tribunal
Reviewing or negotiating a Settlement Agreement
Clarifying your rights around notice periods, alternative employment and job-seeking leave

Redundancy can happen suddenly, but you don’t have to navigate it alone. We’ll ensure your rights are respected and help you move forward with confidence.

While we regularly support employees through the uncertainty of redundancy, we also work closely with employers who face the difficult task of making these decisions. Managing redundancy fairly and lawfully is critical, not just to avoid legal risks, but to maintain morale and reputation during challenging times. Our role is to guide employers through this process with clarity, compliance and care.

Worker sits on a step on a site with his hard had under his arm whilst looking upset and pinching the top of his nose after being made redundant

For Employers: Handle Redundancy Lawfully and Sensitively

Employers may find themselves in a difficult position, needing to restructure or reduce their workforce. We offer clear, practical legal advice to help you carry out redundancies in line with Scottish employment law, minimising legal risk and protecting your organisation’s reputation.

Our advice covers:

Identifying genuine redundancy situations
Planning and documenting fair selection criteria
Managing individual and collective consultation
Preparing and issuing notice of redundancy
Calculating and communicating statutory and enhanced redundancy pay
Advising on suitable alternative employment obligations
Drafting or reviewing Settlement Agreements
Defending Employment Tribunal claims if necessary

We understand that no two businesses are alike, so we tailor our guidance to your sector, size, and internal processes

Acting Quickly - For Both Sides

Redundancy situations often involve tight timelines, especially in rapidly changing business environments. For employees, ACAS Early Conciliation must begin within three months, minus one day, of the dismissal date. For employers, early legal planning ensures a smoother, more legally defensible process.

At Pomphreys, we prioritise responsiveness and clarity, so that whatever side of the redundancy you’re on, you’re properly advised from the start.

Why Choose Pomphreys Solicitors?

With years of experience advising both employers and employees in Wishaw, Lanarkshire and across Scotland, Pomphreys brings:

✅ Balanced insight into redundancy law and procedure
✅ Supportive and practical guidance tailored to your needs
✅ Skilled representation in negotiations or tribunals
✅ Local knowledge and a reputation for integrity and efficiency

We act with fairness, empathy and legal precision, helping you manage one of the most delicate aspects of employment law the right way.

Make Informed Decisions About Redundancy

Whether you’re facing redundancy or managing the process as an employer, we’re here to help. Pomphreys Solicitors offer trusted advice on your rights, obligations and next steps so that you can approach redundancy with clarity and confidence. Contact us today to speak with our employment law team.

You might also be interested in:

Settlement Agreements – when redundancy is accompanied by a negotiated exit
Unfair Dismissal – for employees concerned about selection criteria
Partnerships & Company Formation – for businesses planning restructuring or succession

❓ Common Questions About Redundancy

📋 Can you act for both employer and employee in the same case?

No. We advise either the employer or the employee in each matter, but we regularly act for both sides in separate cases and understand the full picture.

📆 What’s the difference between individual and collective redundancy?

If 20 or more employees are being made redundant at one workplace within 90 days, collective consultation rules apply and specific government notifications are required.

💷 Do I qualify for redundancy pay?

If you’re an employee with at least two years of continuous service, you are usually entitled to statutory redundancy pay, and sometimes an enhanced package.