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Your Rights Regarding Redundancy

Being faced with redundancy can understandably be very distressing so it is important that redundancies are done fairly.

Fortunately there are a variety of laws in place to protect your rights as an employee.

Taking your Case to the Employment Tribunal

If you have been made redundant and feel that your employer did not follow the correct procedures when doing so, or if you feel that redundancy was not the true reason for your dismissal, you may be eligible to pursue a claim.

You can present your claim at the employment tribunal with the help of our expert employment law solicitor on a no-win-no-fee basis as everyone is entitled to a fair, genuine and respectable redundancy process.

Your Employer’s Obligations when making Staff Redundant

From the moment your employer has decided that redundancies are necessary, right up to the moment when the last employee has left the workplace, your employer must abide by several strict rules to keep the process reasonable and fair.

If any aspect of the process is handled incorrectly or unfairly, the redundancy could be considered as an unfair dismissal.

Claiming Compensation for Unfair Dismissal

Depending on the circumstances employees who have been dismissed unfairly can claim compensation for losses they have incurred as a result of being made redundant unfairly.

Perhaps you felt that your employer didn’t select people in an unbiased way, or maybe your employer has demonstrated inarguable negligence by for example failing to provide redundancy pay in a situation where they are required to do so by law.

Whatever the issue is in regards to how your redundancy was handled, we are here to guide and help you. Our employment law solicitors can advise you if you can make a claim.

The Redundancy Process

  • Holding consultations and selecting employees

    Employers are required to inform you of their plans in good time, carry out proper consultations and choose staff for redundancy based solely on unbiased factors.

    Your employer must also be able to prove that your redundancy is necessary; for example by showing that there is no longer a demand for your role and that there are no other suitable positions within the company.

    Assessing the reason for your redundancy

    You have the right to know exactly why you were made redundant.

    If you believe that your employer did not base their decision on fair grounds and did not use the following selection criteria in selecting you for redundancy, they may have acted unfairly.

    • Disciplinary records
    • Performance records measured consistently across the workplace
    • Time-keeping
    • Experience, skills and length of service
  • 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 or asserted any of your employment rights as agreed upon in your employment contract.

    If selection criteria were discriminatory

    You should seek immediate legal advice if you believe that your employer was making redundancy decisions on a discriminatory basis.

    We understand that you may be deterred from taking legal action if you feel that the wrongdoing will be hard to prove, but this is exactly what our employment law solicitors are equipped to do.

  • Redundancy based on discrimination

    In the Equality Act 2010 nine 'protected characteristics' have been defined.

    If an employee is dismissed, made redundant, treated differently or given less benefits and pay the employer is guilty of discrimination.

    Protected characteristics

    The protected characteristics as set out in the Equality Act 2010 are:

    • Age
    • Disability
    • Gender reassignment
    • Marriage or civil partnership
    • Pregnancy and maternity
    • Race
    • Religion or belief
    • Sex
    • Sexual orientation
  • Notice periods and redundancies

    After being informed about your redundancy you will be given a date on which your employment will formally end.

    In some cases you will be expected to work until this date, but often the employer will offer the opportunity to spend the remainder of the notice period at home on garden leave.

    Length of the 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 receive at least one weeks’ notice if you have been employed for between one month and two years and a minimum of twelve weeks’ notice if you have been employed for twelve years or more.

    If your length of service is somewhere between two and twelve years, you should get at least one week’s notice per every year of your employment.

    Garden leave

    If you were in a particularly sensitive role, for example if you were dealing with important client data or confidential business information it would be most common that you would be asked to complete your notice period on garden leave.

    Your employer should further allow for you to take time off to attend job interviews during your notice period.

  • Your right to redundancy payments

    The only situation in which you would not be entitled to receive a statutory redundancy pay-out would be if you had not yet worked for the employer for a continuous two year period, or if they offered you a new suitable position within the company and you refused it.

    Redundancy payouts depend on your age

    If you are under 22 you should receive half a week’s pay for every year of service at the company. If you are aged between 22 and 40 this increases to a full week’s pay per year of service and if you’re over 41, you should receive one and a half week’s 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.

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 in order to establish your realistic chances of success and estimate any compensation you could be entitled to.

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 a new and suitable job offer from your employer.

Our solicitors can also help you negotiate what payments you should receive if you are unhappy with your employer’s offer.

Our team will provide you with trustworthy and passionate legal representation and will be there to support you throughout the process of making your claim.

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