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If you are facing redundancy at work, you may have a certain rights, which your employer must adhere to otherwise your redundancy could be seen as unfair dismissal. If you have grounds for unfair dismissal, you may be able to make a claim against your employer and take them to an employment tribunal.
However, not everyone who works for a company has redundancy rights. Only those classed as employees and have worked for an organisation, continuously, for two years or more, have full redundancy rights. If you are classed as a worker or an agency worker, you are not eligible for redundancy rights.
Redundancy rights can vary depending on the specific circumstances surrounding your employment and the reason for the redundancy. If your employer is restructuring, relocating, or downsizing, it’s essential to ensure that your dismissal is genuinely due to redundancy and not used as a cover for unfair dismissal. In addition to the statutory protections, employers must act reasonably and consistently when selecting employees for redundancy, following objective selection criteria such as attendance records, performance, and skills.
If you are on maternity or shared parental leave, additional protections apply. For example, if a suitable alternative vacancy exists during your redundancy consultation, you must be given priority over other employees for that role. Dismissing someone for reasons related to pregnancy or parental leave may be automatically unfair and potentially discriminatory.
If your employer is making 20 or more employees redundant within a 90-day period, they are legally required to undertake a collective consultation. This process involves:
Failure to conduct proper collective consultation could entitle affected employees to a 'protective award' of up to 90 days' full pay.
At Stephensons, our employment law solicitors are nationally recognised for their expertise in redundancy rights and employment disputes. Our team is ranked by The Legal 500 for employment law, highlighting our in-depth legal knowledge and commitment to client service. With accreditations from the Law Society for Employment Law and a long-standing record of positive outcomes, we bring a client-focused and responsive approach to even the most complex redundancy matters.
We understand that facing redundancy is a highly stressful and uncertain time. That’s why Stephensons offers tailored legal advice on a no-nonsense basis, helping you understand your rights and the options available to you. Whether you are being offered a redundancy settlement or considering a tribunal claim, we ensure you are supported at every step.
We provide comprehensive legal support in the following areas:
For advice on any employment law issue, we recommend completing our online enquiry form - by completing the form as fully as possible, it will allow us to assess your case much more efficiently to tell you whether we can assist and what funding option we can recommend.
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