In brief, yes, you may refuse redundancy. However, it is important to understand your rights during the redundancy process.
Have I been unfairly selected?
If you feel that you have been selected for redundancy for the following reasons, then your redundancy will be classed as an unfair dismissal. If any of the following apply to you, a claim may be made to an employment tribunal.
The following reasons would be classed as unfair dismissal:
- sex
- gender reassignment
- marital status
- sexual orientation
- race
- disability
- religion or belief
- age
- your membership or non-membership of a trade union
- health and safety activities
- working pattern, for example part-time or fixed-term employees
- maternity leave, birth or pregnancy
- paternity leave, parental or dependants leave
- you’re exercising your statutory rights
- whistleblowing, for example making disclosures about your employer’s wrongdoing
- taking part in lawful industrial action lasting 12 weeks or less
- taking action on health and safety grounds
- doing jury service
- you’re the trustee of a company pension scheme
Can I refuse alternative employment?
During redundancies, you may be offered alternative employment at your place of work. Take a moment to consider whether this role is a good fit for you.
Consider the following when offered a different role:
- Is the pay similar to my current role?
- Are the hours applicable to my lifestyle and commitments?
- Do I have the skills required for this new role?
- Will adequate training be provided to me?
- And most importantly, will I be happy with this new role?
Unsure if an alternative role will suit?
Still unsure about a new role? If this is the case, you have the right to request a 4-week trial period. Utilise this time to figure out whether the role suits you. If you decide the role is not suitable, then you may tell your employer. Doing so will not affect your employment rights or your right to redundancy pay.
It is important to note that if you decide the role is not suitable, notice must be given during the 4 weeks. If made outside of this period, you’ll lose the right to claim statutory redundancy pay.
Will I be given time to look for a new job?
Employees who have been employed for 2 years continuously by the date their notice period ends are, by law, permitted a reasonable amount of time to search for a new job. This includes job searches as well as training that may aid you in finding a new role.
Note that during this period, your employer is only required to pay you 40% of one week’s pay.
Contact a union
In conclusion, if you have any further doubts about your redundancy, then unions are an excellent place to turn. Many unions will provide counselling and even legal support if you decide to dispute your redundancy package. Most unions have monthly contribution rates; however, they can be invaluable when required.
When selecting a union, it is important to pick the right one for you. Begin by asking others in the workplace which union they are a part of, or search for your industry’s union online.
The following are popular unions in the UK and a good place to start:
