Redundancy

It is a sad reality that many companies are considering making employees redundant and as an employee you should be aware of your rights when facing redundancy.

Redundancy is one of the potentially fair reasons for a dismissal.  Either your work must have disappeared or have been greatly reduced. Your employer must notify you of the risk of redundancies and then consult with you to explain why it is happening and how employees will be selected for redundancy.  It is an opportunity for you to discuss your situation with your employer   This all takes time; your employer cannot simply decide to make you redundant and inform you of that fact – they must allow a reasonable amount of time to follow a fair process which includes consulting with you.

Your employer cannot discriminate against you and you should not be selected for redundancy based on a protected characteristic such as age, gender, pregnancy or disability.  Any redundancy based on a selection process that (directly or indirectly) uses those characteristics could amount to an unfair dismissal.

Your employer may offer you another job if one is available somewhere else within the company.  You are entitled to have a trial period in that new role.  However, if you do not accept the new role without good reason you may lose your entitlement to any redundancy pay.  If no other possible roles within the company exist your employer should allow you to take reasonable time off to look for another job.

Your employer will have to give you notice and if you have been working for your employer for more than 2 years you will be entitled to redundancy pay. The amount you will receive will depend on your length of service, your age, your level of pay and any contractual provision you may have.

If you are facing redundancy and need advice regarding your rights please get in touch with our employment law team on 01189 516 621, or email: employment@rowberrymorris.co.uk