Your employer has to treat you fairly and follow a strict legal process when making you redundant.
We can help you enforce your rights.
If you’re facing redundancy, it can be an anxious and unpleasant time. It will be important to understand your rights if you are at risk of losing your job and how best to protect your interests.
Your employer has to follow a strict process and ensure you are treated fairly throughout. Redundancy can be a fair and lawful reason for dismissal, provided your employer has a valid reason for the job loss and the redundancy process is handled fairly and objectively.
If your employer breaches your employment rights when making you redundant, or does not follow the legal process properly, you could potentially bring an employment tribunal against them.
Employees facing redundancy
The law offers certain statutory provisions for employees facing redundancy.
If you are an employee with more than 2 years’ continuous employment, you should ordinarily be entitled to redundancy pay and a reasonable amount of paid time off to look for a new job or to arrange training.
Employers have to follow a clear and fair procedure when making employees redundant, from selecting employees for redundancy to consulting with at-risk employees and offering alternative jobs.
If you believe your employer has failed to follow the correct legal procedure, depending on a full assessment of the facts, you may be able to bring an employment tribunal claim, for example for unfair dismissal or unlawful discrimination.
You only need one year’s continuous service to bring a claim for unfair dismissal and where the reason for the dismissal is discriminatory, there is no minimum employment qualifying period.
We can help
DavidsonMorris’ employment solicitors have specialist expertise in supporting employees through redundancy.
If you believe you have been made redundant for unfair reasons, or if an unfair redundancy procedure is being followed, we can help. We can help you put the best case forward, whether this is to challenge your redundancy or maximise your redundancy package.
Redundancy is a strict and specific process, and we have the expertise to assess if you have been treated properly by your employer and in accordance with your rights and identify areas where your employer may have erred and rendered any dismissal unlawful.
We have specific experience in complex redundancy scenarios such as unlawful discrimination against employees on maternity leave, and where TUPE may be a factor.
We also have experience in negotiating termination packages and settlement agreements.
If you proceed to make a tribunal claim, we will support you at every stage, building your case and evidence, dealing with your employer and their representatives on your behalf and representing you during the tribunal hearings.