If you have any questions relating to redundancy, please contact our expert solicitors directly on 0845 144 1441 or complete our online enquiry form.
In the present economic climate increasingly employers are looking at having to make costs savings which, in some cases, may include the need to make redundancies.
An employer is under a duty to consult with you and act fairly when making redundancies. If your employer fails to do this and does not act fairly, then you may enjoy rights to bring claims in the Employment Tribunals against your employer. These rights for instance include bringing a claim for unfair dismissal and discrimination.
How do I know if I have been made redundant?
It is likely that you have been made redundant if your employer’s business closes, your workplace closes or your employer reduces the size of the workforce.
What am I entitled to if I have been made redundant?
Statutory / contractual redundancy payment
If you have been continuously employed for 2 years after reaching the age of 18 and you have been made redundant then you are entitled, as a minimum, to a statutory redundancy payment. However, your contract of employment may provide for an enhanced redundancy payment which is over and above the statutory minimum entitlement.
Wages
If your employer owes you any other money e.g. accrued holiday pay, wages etc, it is likely you will
be able to make a claim for these additional payments at the same time.
Unfair dismissal / discrimination
If you have been made redundant you may also be able to claim unlawful discrimination or unfair dismissal if your employer failed to deal with the redundancy situation reasonably and fairly. For example, you may claim unfair dismissal on the following grounds:
- There was no genuine redundancy situation
- Your employer failed to consult you adequately (please note that there are special rules regarding consultation where your employer is dismissing 20 or more employees at one establishment. Please contact us for further details)
- You were unfairly selected for redundancy
- Your employer failed to offer suitable alternative employment
Your employer must act fairly when dismissing on grounds of redundancy. This will include:
- Writing to you and informing you why you are being considered for dismissal, detailing any selection criteria followed
- Invite you to meetings to discuss the proposed redundancies and how they may affect you
- Offer you a right of appeal in the event that you are made redundant
