If you have been made redundant, or are under threat of redundancy, you can speak without obligation to one of our expert Redundancy Solicitors to see if you have a claim.
If you’re going to be made redundant, you should be treated fairly by your employer and there are certain steps they would be expected to follow. You may also be entitled to a redundancy payment.
Redundancy is a form of dismissal from a job. Reasons include:-
- New technology or a new system has made your job unnecessary
- The job you were hired for no longer exists
- The need to cut costs means staff numbers must be reduced
- The business is closing down or moving
It can still be a genuine redundancy if someone else’s job disappears and they are moved into your job, making you redundant. This is known as bumping, but it may be difficult for your employer to justify as fair.
The correct procedure for redundancy
In a redundancy situation, the following things should happen:-
- Your employer should select you fairly
- You should be consulted about the redundancy
- You should get any redundancy pay you are due and be given the correct amount of notice
- Your employer should consider any alternatives to redundancy
If there are fewer than 20 employees being made redundant then the statutory minimum dismissal procedure should be followed. If there are 20 or more, then the collective consultation procedure applies instead.
If an employer uses redundancy to cover up the real reason for ending your employment, or if they do not carry out the redundancy procedure properly, it may amount to unfair dismissal. The rights to redundancy payments and collective consultation are claimed separately from unfair dismissal.