Has my employer thought about other solutions?
Redundancy is a heavy decision that shouldn’t be taken lightly. An employer should only use redundancy as a dismissal if part of the organisation or all of it is either:
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- Closing, or has already closed
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- Changing the types or number of roles needed to do certain work
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- Changing location
Before making someone redundant, an employer should look at any other possible option to avoid it. Redundancy should only be a measure of last resort when all other options have been exhausted.
You can talk to your employer about it to check that they’ve thought about every other possibility.
Is there clear communication?
To make sure that a redundancy is fair, there needs to be clear communication between you and your employer. That’s why there is a need for a consultation period.
The consultation period is there for your employer to talk you through your redundancy and hold a genuine and meaningful conversation. Your employer should also listen to you and offer support.
If your employer is proposing to make twenty or more redundancies, then they have to hold a collective consultation. If they are proposing less than twenty redundancies, then they should consult each person individually.
During the consultation process you should be able to be accompanied to all your one-to-one meetings regarding your redundancy. This person should be someone neutral that can give you support and even speak for you if needed/wanted.
Have I been given enough notice?
The legal length of the notice period that your employer gives you depends on your length of service. If you’ve worked at the company for two years or less, the minimum amount of notice given legally is one week. After that, you get another week of statutory notice for each year of employment This extends up to twelve weeks for twelve years of service or more.
Should I be paid?
Legally, your employer has to give you statutory redundancy pay if you:
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- Are an employee under a contract of employment
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- Have been selected for redundancy
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- Have at least two years of continuous service
The pay rate for your redundancy depends on these factors:
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- Your age
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- The length of your employment
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- Your weekly pay before tax
The legal weekly pay is capped at £719, and the maximum amount of statutory redundancy pay is £21,570.
Your employer can also choose to give you extra redundancy pay, and also pay you even if you’ve worked at the company for less than two continuous years.
Is my redundancy fair?
Your employer must make sure that they are selecting people for redundancy fairly with no discrimination.
The fair selection criteria are as follows:
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- Skills, qualifications and aptitude
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- Standard of work
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- Attendance
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- Disciplinary record
Employers must not discriminate against protected characteristics under the Equality Act 2010.
Do you think something is not right with your redundancy?
Then you have the legal right to appeal. You can talk to your employer first if you think there is a problem, so that they can change their decision. But if this doesn’t work then you can take legal action. Follow this link to check if you can challenge your redundancy and how to challenge it.
Now that you’ve been made redundant, there are ways that can help you cope with it and get the right support. Read our blog “I’m redundant, what do I do now? 5 tips to find your way forward”, to help you with your next steps.
Helpful sources
Professional help
https://unvaeld.com/professional-help/
Making staff redundant
https://www.gov.uk/staff-redundant
How to effectively manage staff redundancies – reed.com
https://www.reed.com/articles/how-to-effectively-manage-staff-redundancies
Check your rights
https://www.citizensadvice.org.uk/work/redundancy/check-your-rights-if-youre-made-redundant
Check if you can challenge your redundancy
Check your employer has followed the right redundancy process
How employers can manager redundancy responsibly
https://www.raconteur.net/talent-culture/how-to-do-redundancy-responsibly
https://www.gov.uk/staff-redundant
How to effectively manage staff redundancies – reed.com
https://www.reed.com/articles/how-to-effectively-manage-staff-redundancies
