If you're facing being made redundant, it will be important to understand 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.
Redundancy can be a lawful reason for dismissal, provided your employer has a valid reason for the job loss and the redundancy process is handled fairly and objectively.
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 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.
The law offers certain statutory provisions for employees facing redundancy. If you are an employee with more than two 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. Your employment contract may also provide enhanced entitlements in the event of redundancy.
If you believe your employer has failed to follow the correct legal procedure, you may be able to bring an employment tribunal claim 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.
DavidsonMorris’ employment lawyers have specialist expertise in supporting employees facing redundancy.
If you believe you have been made redundant for unfair reasons, or if an unfair redundancy procedure was followed, we can help, whether this is to challenge the redundancy decision 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 any tribunal hearings.
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