If you have been notified that your employer is considering redundancies and your job is at risk, you are likely to have questions about the process. You have a range of redundancy rights and if these are not followed, you could have a valid claim for unfair dismissal (to be eligible for redundancy pay / to claim unfair dismissal, you need to have been an employee for at least 2 continuous years). Those without 2-years service still may have other options.
At Toner Legal, we know that this is likely to be a stressful time for you and our expert employment lawyers can give you the advice and support you need. We can represent you if your employer has failed to follow a fair process, for example, if their selection process has been discriminatory.
We will advise you of your redundancy rights, go through what has happened and deal with your employer to ensure that you are treated fairly. Where necessary, we can discuss claiming compensation.
Our employee redundancy services
We offer a full service to employees at all levels in respect of redundancy, including:
- Advice on your redundancy rights, including redundancy pay
- Advice on whether your employer has followed a fair redundancy procedure
- Considering whether you have been fairly selected for redundancy
- Representation for unfair dismissal
- Negotiating settlement packages
- Representation at an employment tribunal
As employment specialists, we have many years of experience in representing clients during redundancy. We are usually able to resolve matters by way of negotiation, securing the best possible outcome for clients who have been treated unlawfully.
We know that taking on your employer is likely to feel daunting and we will make sure that we are by your side throughout to give you the guidance and protection you need.
Can my employer make me redundant?
Employers can make someone redundant for a fair reason. This is usually because a role is no longer needed because:
- A business is closing
- Business needs have changed, for example, there is insufficient work available
- A business is moving to a different location
Before making redundancies, your employer should consider whether there are any alternatives. This could include retraining you, ending overtime or moving workers to different positions.
What is a fair redundancy procedure?
If you are at risk of redundancy, you should be advised of this and your employer should consult with you. Where 20 or more employees are at risk of redundancy, there must be a collective consultation process.
During the consultation, your employer should explain why redundancies are necessary, who is at risk, how the redundancy process will be dealt with and how employees will be selected.
You are entitled to take time off to attend interviews for a new job.
How is someone selected for redundancy?
As an employee, you have the right not to be unfairly selected for redundancy. Your employer should set out their selection criteria and how these will be scored. For example, they may include criteria such as:
- Skills and qualification
- Performance
- Disciplinary record
- Attendance
- Length of employment
Each point could be scored from 1 to 5. It is automatically unfair to make someone redundant based on certain characteristics, such as pregnancy or maternity, age, disability or gender. This includes indirect discrimination, such as only considering part-time workers for redundancy when the majority of part-time workers are women.
What redundancy notice am I entitled to?
The minimum statutory notice period for redundancy is:
- One week’s notice if you have been employed for between one month and 2 years
- One week’s notice for each year employed from 2-12 years
- 12 weeks’ notice if you have been employed for 12 years or more
Your employment contract may allow your employer to terminate your employment without notice, but they will still be required to pay you for the notice period, this is known as a payment in lieu of notice, or PILON for short.
Redundancy Rights – what pay am I entitled to?
You are entitled to be paid until the end of your notice period. If your employer does not require you to work your notice, you should be paid in lieu of notice.
All of your normal payments should be included, such as regular bonuses you always receive.
What can I do if my redundancy is unfair dismissal?
If you believe that you have been unfairly selected for redundancy, you are strongly recommended to speak to an expert redundancy lawyer. If you ask us to represent you, we will establish what has happened and give you an honest assessment of your case.
We will approach your employer and ask them to remedy the situation. We can negotiate on your behalf to secure the best outcome. This is often a settlement agreement, with your employer paying you a lump sum in return for you agreeing not to pursue your case at an employment tribunal.
For more information, see our Settlement Agreement page.
If you are facing redundancy and you are concerned that your employer is not handling the situation correctly, contact us to discuss matters, so you can understand your redundancy rights.