Of course it is – and you have the right to run your business any way you like, so long as it’s within the law.

So that may make you think you can make anyone redundant under any circumstances, particularly at the moment.

Well yes, but that’s only half true.  The Courts cannot interfere in your decision to make people redundant – Tribunals must respect a company’s business decisions.

However, a Tribunal can challenge who you make redundant – you must still go through a proper selection process, and if you don’t, then a Tribunal can find that the dismissal is unfair.  If you can’t/won’t reinstate the employees, then they can claim for their loss of earnings, which could be over £80,000 for EVERY employee that brings a successful claim.  Although you wouldn’t have to pay for their legal fees, you would have to pay for your own.  Given how hard it might be for them to find suitable alternative employment at the moment, a maximum claim is far more realistic than in “normal” times.

So whilst you may think you can’t afford to take legal advice, with figures like that, you might think that you can’t afford NOT to check you’re doing it right.

Kleyman & Co Solicitors.  The full service law firm.  Our business is helping you stay in business.