Although it is not a pleasant situation to find yourself in, redundancy can sometimes be a necessity for a company.
This could be because:
- Your job no longer exists
- Your job is no longer necessary
- The company need to cut costs
- Your employer is relocating or closing down
Your employer should always consider alternatives to redundancy. However, if redundancies are still necessary your employer should consult you about the potential redundancy (often referred to as ‘being in consultation’).
Your employer should ensure that they follow basic procedures to protect your rights. If this is not the case, the redundancy might be an unfair dismissal. Examples of this may be if you believe you have been unfairly selected for redundancy, that your employers have failed to follow a fair procedure or that you should have been offered alternative employment.
Claims must be received by the Employment Tribunal within 3 months of the date of dismissal.
In order to qualify for redundancy pay, you will normally have had to be employed for a minimum of 2 years. In addition to redundancy pay, you are entitled to notice of employment or pay in lieu. As a minimum, you are entitled to one weeks’ notice for every full year employed, up to a maximum of 12 weeks.
During you redundancy period, your employer should investigate potential roles in the organisation that you may be suitable for. If this is not really suitable, you can reject this offer.
If you decide to accept the alternative position, you are entitled to a trial period of 4 weeks. If during the 4 weeks, you decide that the job isn’t suitable for you, you may still be entitled to your redundancy payment.
During your notice period, you are entitled to a reasonable amount of paid time off to look for another job, providing you have been employed for 2 years or more.
The maximum amount of pay in any week is two-fifths of a week’s pay.
If you wish to leave before your notice period and still receive your redundancy payment, you must discuss this with your employer and this is at their discretion.
If you need advice about an employment matter,
contact Legal Advice Helpline on 0845 600 6980 to speak to one of our specialist advisors about employment law.