14th November 2018
I’m facing redundancy. What should I do?
Facing redundancy is undoubtedly a nerve-wracking situation. Legally, you do have rights. If you think these are being breached, you may be able to take your claim to an Employment Tribunal.
In this article, the Sweeney Miller team looks at what to do if you’re facing redundancy.
Make sure it’s fair
First, you need to find out if your redundancy is fair. You’re probably feeling shocked at the news, but it’s important to stay proactive and protective over your own rights.
When employers select people for redundancies, their decision must be objective. This means that, unfortunately, the amount of time you’ve worked there will no longer factor in on their decision. However, they cannot make redundancies based on “protected characteristics”. These are:
- Gender reassignment
- Pregnancy/maternity leave
- Marriage/civil partnership
- Sexual orientation
Additionally, your employer cannot make a redundancy based on your involvement in any lawful industrial action, regardless of their personal opinion on the matter. This means that they cannot make you redundant because of whistleblowing, jury service, or any trade union activity.
For many of you, the redundancy notice will come as a shock, especially if you’ve worked for your employer for two or more years. In these cases, employers will need to make absolutely clear that your position within the company is no longer required.
They should also try to find you another suitable within their organisation if this is at all possible. Either way, the redundancy should be made following the company’s established redundancy procedure. You should be invited for a consultation, and in the worst case scenario; allowed to make an appeal.
Legally, lack of compliance with any of the above may constitute an unfair redundancy. In such a case, you’d be able to make a claim based on the necessary evidence.
What are my employment rights?
In the event that the redundancy is fair, you should look to protect your employment rights. These do vary depending on your age, job role, and how long you’ve worked for your employer. The following are examples of rights you may have as an employee:
- Redundancy pay
This right is usually afforded by employees who have worked for the employer for two years or more. Usually, redundancy pay reflects the length of your service, and sometimes your age.
- Redundancy notice period
You may be given a notice of between one and twelve weeks, but some redundancies are made effective immediately. If an instant dismissal occurs without notice, your rights may have been compromised.
- Redundancy notice pay
Although working through your notice period may be disheartening, it’s important to remember that you should be being paid as usual.
Legal redundancy advice from Sweeney Miller
As experts in corporate and personal law, we understand the toll that an unfair redundancy can take on someone’s life. If you’re facing redundancy and you need legal advice, get in touch with a member of the Sweeney Miller team today.
We offer expert confidential advice, and a superior accounting service so you can rest assured your redundancy case will be handled with the utmost care and confidence.