We understand that it is a particularly anxious time when your employer is carrying out a redundancy process. However, there are ways in which we can help you best protect your position if you are placed at risk of redundancy.
Your employer must adopt a fair procedure before ending your employment for the reason of redundancy. They must go through the various stages of the redundancy process before deciding who to dismiss. If they dismiss you without going through these steps, or have made their decision beforehand, you may have a claim for unfair dismissal
Throughout the redundancy process your employer should consult with those employees at risk of redundancy, and subsequently those selected for redundancy. If they fail to do this, any dismissal can be deemed to be unfair.
In almost all cases, your employer should identify a group of employees from which to select those to be made redundant. Your employer is entitled to decide how the selection is made, but you can challenge this if you do not think that the group is wide enough or if your role was not relevant to the group selected.
Your employer will then need to draw up an objective set of selection criteria to decide who to make redundant. The criteria should not be discriminatory, such as being based on length of service alone.
If you have been selected for redundancy, your employer should disclose your score under the selection criteria to you. They should explain how they were arrived at that score, and give you a chance to challenge your individual scores as part of an individual consultation.
A dismissal is likely to be unfair if, at the time of dismissal, your employer gave no consideration to whether suitable alternative employment existed within its organisation. This is an area that many employers fail to take into consideration.
Right to appeal
If you are selected for redundancy, your employer should inform you of their decision and notify you that you have a right to appeal. An appeal hearing should be arranged for you to attend to set out your case against your selection for redundancy.
If you have been continuously employed for two years or more and are dismissed by reason of redundancy, you are entitled to a statutory redundancy payment. The amount is calculated on your weekly gross pay, age and length of service. Your employer may also provide for an enhanced redundancy payment contractually or on a discretionary basis. You will also be entitled to your statutory or contractual notice, to be paid if not worked.
How we can help
We can support you throughout the redundancy process to help give you the best chance of avoiding being selected for redundancy, or in challenging a decision to make you redundant. If you are prepared to accept voluntary redundancy in order to avoid going through the selection process, we can help you to secure the best financial package for your exit. In the event that you are made redundant