Our Services

Overview

Redundancy Claims

Being made redundant is a stressful process, mainly due to lack of understanding, hopefully we can help. As an employee you are still entitled to the correct pay if you work your notice, and a redundancy payment that is calculated properly. Your employer should also have gone through the process with you in line with regulations.

If you feel as though your employer has not followed protocol with your redundancy, or you have been underpaid and haven’t been able to get the full entitlement owed to you, we might be able to help with a redundancy claim. We recommend speaking with our employment specialists in the first instance, who can advise on the next steps within this process. They will be able to point you in the right direction following that.

Legal Advice

Your Legal Rights In Redundancy

Your employer is legally permitted to make you redundant if they follow the correct procedures, if you feel as though your employer has not followed any of the below, please get in touch for free advice.

We have broken down the process below:

1. Consultations– if 20 or more employees are being made redundant, the employer is under a duty to collectively consult with everyone, following the correct 30 day consultation process.

1. Don’t make decisions too quickly – all employers who are considering making employees redundant have a duty to make early plans, but still consider alternatives before making any final decisions
2. Ask for volunteers first – your employer should make the need for redundancies known throughout the business, and before selecting people should offer the chance for them to volunteer for redundancy
3. Consider alternatives – before making anyone redundant, your employer should have considered alternatives first. Could they move you to a different team? Could they create a new role for you in a different line of work at the same company? Could your hours of work be reduced? Could the company look at not paying overtime?
4. Use criteria – when selecting employees for redundancy, it’s important that your employer considers a set of criteria to measure each potentially redundant employee against, which should include length of service. It is important that the criteria used is fair and that it is not discriminatory.
5. Listen to employees – employees have the right to make suggestions when faced with redundancy, and should be allowed time off to seek other employment if they have received notice that they are being dismissed. They should have at least two years’ service, and the time off is to look for new employment or make arrangements for training for future employment.
6. Make it clear they can appeal – it is advisable that employers allow an appeal process, as not doing so may provide an employee with a stronger claim to show the process was unfair. There is actually no statutory right or obligation to allow an employee to make an appeal.
7. Put it in writing – Writing should be used to inform people when they are made redundant and to confirm the outcome of an appeal if there is one.