Redundancy and Employee Rights
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At AWH Solicitors we offer a free 20-minute employment law consultation. We’ll give you advice on your problem at work on a no-obligation basis. Our specialist employment team are here to help and provide you with a quick and effective initial assessment on a range of employment disputes.
Your Rights Regarding Redundancy
We understand that being made redundant can be very stressful, even more so if your redundancy wasn’t fair. If your employer has failed to carry out your redundancy fairly in line with the law, our solicitors can help you make a claim.
If you have been made redundant and you feel your employer did not follow the correct procedures – or if you feel that redundancy wasn’t the real reason you were dismissed – you may be able to make a compensation claim.
We believe that everyone’s redundancy should be handled in a fair, genuine and respectable way. If yours wasn’t, we’ll support you every step of the way, getting you the outcome you deserve.
Your Employer’s Obligations when Making Redundancies
From the moment your employer decides that redundancies are necessary, right up to the moment when the last employee has left the workplace, employers must abide by several strict rules.
If any aspect of the process is handled incorrectly or unfairly, the redundancy could be considered an unfair dismissal.
The Redundancy Process
Holding Consultations and Selecting Employees
When undertaking redundancies, employers are required to inform everyone of their plans in good time. Your employer should carry out proper consultations and choose staff for redundancy based on unbiased factors.
Your employer must also be able to prove that your redundancy is necessary. For example, they should be able to prove that there is no longer a demand for your role and no other suitable positions for you within the company.
Assessing Different Reasons for Redundancy
You have the right to know exactly why you were made redundant. If you believe that your employer didn’t use the following criteria when they selected you for redundancy, they may have acted unfairly:
- Disciplinary records
- Performance records measured consistently across the workplace
- Experience, skills and length of service
Redundancy Selection Criteria
Knowing if Selection Criteria were Discriminatory
You should seek immediate legal advice if you believe your employer has made redundancy decisions on a discriminatory basis.
We understand that you may be put off taking legal action if you feel like your employer’s wrongdoing will be hard to prove, but this is exactly what our employment law solicitors are here to do.
We’re here to help you bring your employer to justice and to move forwards with the compensation you need and deserve.
The Protected Characteristics
The Equality Act 2010 defines nine different ‘protected characteristics’. If you were dismissed, made redundant, treated differently or given less benefits and pay because of any of these characteristics, your employer is guilty of discrimination.
The protected characteristics are:
- Gender reassignment
- Marriage or civil partnership
- Pregnancy and maternity
- Religion or belief
- Sexual orientation
If you think you were made redundant because of one or more of these characteristics applying to you, we can help you file a claim for redundancy based on discrimination.
You should never have to experience any type of discrimination, at work or elsewhere. If you lose your job because of your characteristics, it is completely unacceptable and we want to help you get compensated.
Claiming Compensation for Unfair Dismissal
Depending on the circumstances, if you have been dismissed unfairly you can claim compensation for losses you’ve suffered.
You may have felt that your employer was biased in their selection process. Or you might feel that they were negligent towards you, for example by failing to provide you with redundancy pay in the right way.
Whatever the issue is, we are here to guide and help you. Our employment law solicitors can advise you if you can make a claim and support you throughout if you can.
Automatically Unfair Dismissal
Your redundancy would automatically be classed as unfair if the decision to select you for redundancy was based on you:
- Recently joining a trade union
- Exposing illegal or unethical company information (whistle-blowing)
- Becoming pregnant
- Raising a grievance
- Asserting any of the employment rights in your contract
Notice Periods and Redundancies
After being informed about your redundancy you will be given a date when your employment will officially end.
In some cases, you will be expected to work until this date, but sometimes employers offer the opportunity to spend the remainder of the notice period at home. This is called ‘garden leave’.
Length of your Redundancy Notice Period
The length of your notice period is set out in your employment contract and will heavily depend on your length of service and your current job role.
You should get at least one weeks’ notice if you have been employed for between one month and two years. If you have been employed for twelve years or more you should get a minimum of twelve weeks’ notice.
If your length of service is somewhere between two and twelve years, you should get at least one week’s notice for every year you’ve been employed there.
Being allowed to serve your notice period at home on garden leave is much more likely if you were in a particularly sensitive role. For example, if you were dealing with important client data or confidential business information, it is only natural that you would be asked to see out your notice period on garden leave.
If you’re not on garden leave, your employer should allow you time off to attend job interviews during your notice period.
Your Right to Redundancy Payments
All employees are entitled to a statutory redundancy pay-out. The only reason you wouldn’t be is if you hadn’t worked for the employer for a continuous two-year period, or you were offered a suitable new position but refused it.
If you are 21 or under, you should receive half a week’s pay for every year of service. If you are aged between 22 and 40 this increases to a full week’s pay per year of service. If you’re 42 or older, you should receive one and a half weeks’ pay per every year of service.
These rates only apply to statutory redundancy pay, so you could be entitled to more if your employment contract says so.
Find out how to calculate your redundancy payment.
If you Have Already Accepted a Redundancy Payment
It is important to bear in mind that if you have already accepted a redundancy payment, the employment tribunal will decrease your potential award. This would also be the case if you have turned down an offer of a new and suitable job role from your employer.
Using our extensive experience in these situations, our solicitors can help you negotiate what payments you should receive if you are unhappy with an offer. We’ll give you the trustworthy and sympathetic legal representation you need, supporting you throughout the process of making your claim.
We Can Help you Claim Compensation for Unfair Redundancy
Claiming your Redundancy was Unfair
Being made redundant by an employer who has managed the process poorly and unfairly could mean that you have a valid claim for unfair dismissal on your hands.
Our employment law solicitors will sit down with you and discuss the facts of your case to establish your chances of success. We can help estimate any compensation you could be entitled to and start the process as soon as you are ready.
Redundancy can often run smoothly, however, if your employer made you redundant for the wrong reasons or handled your redundancy in an inappropriate way, we want to help you.Get in touch