Advocating for yourself: How to successfully navigate the redundancy consultation process
Redundancy consultations are an important part of a complex and difficult process, giving you a platform to voice your feelings and concerns. It is important to know how these consultations work, and what rights you have as an employee.
How do redundancy consultations work?
If you are selected for potential redundancy, you are entitled to an individual consultation with your employer. This is where your employer explains why you are being made redundant, and if there are any alternatives to redundancy.
Redundancy consultations are a two-way process, where you are allowed to express your opinions on the entire process. You should be given the opportunity for this. The consultation should be meaningful and thorough. It should not feel like a tick-box exercise.
The specific ins and outs of the consultations largely depend on the redundancy procedure that your employer has in place. If your employer is making less than 20 redundancies, there are no specific rules about how they should carry out the consultations. Your employer should still explain what will happen in the consultations beforehand, so you have plenty of time to prepare.
You do not need to come to an agreement with your employer by the end of the consultation period. These consultations are a chance for you to redirect the outcome of the redundancy and for you to make sure the entire process is fair and objective.
Understanding the different legal rights you have
There are different laws in place depending on how many people are being made redundant in your company, and it is important that you know exactly what you are entitled to.
If 20 or more people are being made redundant at the same time, an extra consultation must take place between your employer and a representative, such as a trade union representative or an elected employee rep.
As well as this, if your employer is proposing to make between 20 to 99 people redundant, there must be a minimum consultation period of 30 days. Your employer is legally obliged to address certain issues in these collective consultations, such as ways to avoid redundancies. Knowing your rights in these large-scale redundancies is vital to making sure your voice isn’t lost in the crowd.
These entitlements only apply to situations where 20 or more people are made redundant at once. However, even if you are not in that situation, you are still protected. If the consultation process is clearly unreasonable in any way, an employment tribunal will decide if you have been dismissed unfairly.
Advocating for yourself and your needs
Taking part in a redundancy consultation can be an incredibly daunting task, leading to feelings of stress and anxiety. Creating a space where you feel confident to express yourself is the key to optimising the outcome of the consultation. It is important that you have at least one private conversation with your employer throughout the process.
You can ask to bring a companion for emotional support. Whilst your employer isn’t legally required to allow this, it’s a reasonable request.
Accessing expert redundancy support throughout the consultation could also help you gain confidence. Receiving help from professionals will equip you with a better understanding of the process, meaning you are able to ask the most relevant questions. You will be able to ask about alternative options to redundancy, such as redeployment or a reduction in working hours. You can ask if it is possible for your role to be adapted instead of removed, making sure that your employer has considered every possible alternative.
No matter the outcome of this consultation, know that you have stood up for yourself.
Being confident that you were made redundant fairly, and your employer followed the correct consultation procedures, is the first step to beginning your next journey in your career. Whatever the outcome, take pride in knowing you stood up for yourself. Confidence that your redundancy was handled fairly is the first step towards your next career chapter
Helpful sources
Your legal rights
https://www.gov.uk/redundancy-your-rights/consultation
https://www.acas.org.uk/your-rights-during-redundancy/how-your-employer-must-consult-you
https://www.acas.org.uk/collective-consultation-redundancy
Professional help
