Your right to be treated fairly at work
If you are going to be made redundant, you should be treated fairly by your employer and there are specific 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 might 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 can be difficult for your employer to justify as fair.Need advice? Contact us to find out how we can help Read all about it! Click here to view our latest employment law blogs
Redundancy and the law – your rights
In a redundancy situation, the following things should happen:
- Your employer should identify an appropriate pool of those potentially at risk of redundancy
- You should be consulted about any potential redundancy
- If at risk of redundancy, you should be given sufficient notice of that and provided with details of the selection criteria that will be applied to ascertain which workers will actually be made redundant
- Your employer should consider any alternatives to redundancy and suitable alternative vacancies
- You should receive any redundancy pay you are due and be given the correct amount of notice, together with payment in respect of any untaken holiday
If more than 20 employees are being made redundant in any 90-day period then the collective consultation obligations will arise and your employer will be required to follow a more onerous procedure.
Should your employer confirm that you are being made redundant, then you will be entitled to a statutory redundancy payment provided that you have worked for the company for two years or more. Within your contract of employment, your employer may also have included an entitlement to an enhanced redundancy payment and set out the process for calculating that, known as a contractual redundancy payment.
An enhanced redundancy payment may be payable regardless of whether or not an employee has reached two years’ continuous service, depending on the wording of the employment contract. It is always worth checking your contract when you first become aware that you are at risk of being made redundant to know where you stand with regard to any redundancy payment.
Employees may also be entitled to an enhanced redundancy payment if it can be established that an employer had a reasonable, notorious and certain custom and practice of paying enhanced redundancy payments. If your contract of employment does not make reference to a contractual redundancy payment, then you will be entitled to a statutory redundancy payment (provided you have the required service). Such payment is calculated by reference to an employee’s:
- Age at the date of redundancy;
- Length of service (subject to a maximum of 20 years); and
- Gross weekly pay (subject to a cap set by the Government usually in April each year).
How our redundancy solicitors can help
At Nelsons, our expert employment law solicitors in Derby, Leicester and Nottingham, which is recommended by the independently-researched publication, The Legal 500, specialise in redundancy law and are happy to discuss your situation.
Redundancy matters can be complicated, and each circumstance is unique to that person. We want to ensure that you don’t pay more than you need to for advice concerning your redundancy and offer initial appointments where you will see a member of our employment law team based on the complexity of your case and their experience and expertise. The charges for these appointments are based on our hourly rates and include up to a one-hour appointment, where you will be able to find out what your legal rights and options are, along with confirmation of our advice after the appointment.
Contact our team of employment law solicitors today on 0800 024 1976 or via our online form and we will be able to discuss the circumstances of your redundancy with you in more detail and provide advice.
"Finally, a line drawn and I am able to move on; this has provided much relief and a sense of calm...I have really appreciated your support and kindness throughout this whole process, thank you. Your input meant I did not have to deal with some rather tricky individuals and gave me the ability to step away from a difficult situation. I am extremely grateful."Client Feedback
"Thanks again for all of your help and guidance through what has been quite a stressful time. Throughout all of this, you have been very friendly and easy to talk to whilst offering the best legal advice in a clear and concise manner. Every conversation and email exchange helped put my mind at ease!"Client Feedback
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"Nelsons Solicitors Limited is rated for its 'excellent support' and 'professional expertise'…the group handles a range of contentious and non-contentious matters, from industrial relations, whistleblowing and TUPE issues, to redundancy and reorganisation matters and senior executive exits. It also provides strategic HR advice and assistance with disciplinary and grievance hearings and employee consultations.”The Legal 500
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"Nelsons Solicitors Limited‘s ‘very professional and competent' team of employment specialists is led by Laura Kearsley , an experienced litigator with a proven track record defending clients in a breach of contract, discrimination, whistleblowing and restrictive covenant cases. Kearsley also plays an integral role in growing the team and strengthening its presence in Nottingham, Leicester and Derby, and has welcomed senior associate Beth Bearder, in addition to two associates, to bolster its multi-locational group. Directors Melanie Morton and Peter Nicholson have a balanced litigious and non-contentious practice, advising on issues such as including HR policies, disciplinary and grievances procedures, restructuring, TUPE and representation in employment tribunals."The Legal 500 2023
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