Once upon a time the idea of redundancies was a fairly infrequent occurrence. But in today's commercial environment, redundancy programmes are all too common, and many of us will find ourselves facing the prospect of redundancy at least once over the course of our careers. If you find yourself in this situation then you need someone to support you and clarify your redundancy rights, ensuring that any settlement you receive is fair. We can help, whatever your own individual circumstances.
In many cases, your employer will be able to justify making your position redundant. For example if:
- The employer is no longer carrying on the business.
- There is no longer a need for employees to carry out work of a particular kind or the workload is diminishing.
- There is a change in the location of the business.
However, even where redundancy rights are justifiable, your employer has an obligation to follow the correct procedures. For example, in cases where more than one employee is affected in the same or similar positions, then an employer needs to apply a selection criteria based on fair principles. Employees should also be given as much notice as is reasonably possible that their position is at risk of redundancy, consulted about the situation (this is a longer and more complex process where more than 20 employees are likely to be made redundant), and considered for any suitable alternative position before a final decision is taken. Although it is not a specific requirement that The ACAS Code of Practice is followed the employee should be allowed to make representations in the consultation process.. An opportunity to appeal is normally considered to be part of a fair process.
As well as a requirement to follow the correct procedure, according to redundancy law, employers must also pay the statutory redundancy payment calculated with reference to age, length of service and weekly earnings up to a capped amount (click here to see the table of statutory redundancy payments). If your employer does not follow the correct redundancy procedure and meet the statutory requirements then you may be able to challenge them legally and seek compensation. Seeking a redundancy consultation can clarify the process. Some employers also have an enhanced redundancy payment scheme.
If you would like to talk to one of our experienced solicitors in confidence about your own specific circumstances, or have any questions about how we might be able to help you, then please call us on 0845 601 7756 or email us at: