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01 overview

Redundancy Solicitors

Facing redundancy at work can leave you feeling uncertain about the future.

If you feel like your redundancy isn't fair or your employer didn't follow the correct legal processes, our network of employment lawyers is here to support you. They'll give you personalised advice and help you understand your options, whether negotiating a redundancy compromise agreement or taking legal action.

And the best part? You can get a free case evaluation from our Legal Assessment Specialists today to help understand your next steps.

Contact us to arrange a callback today.

Redundancy FAQs

What is redundancy?

Redundancy happens when an employer no longer needs an employee and terminates their employment.

Top 4 reasons for redundancy

Employers should explore all other options before resorting to redundancies, but sometimes it is unavoidable.

The top four reasons businesses make redundancies include:

  1. Business closure or relocation
  2. Sale of the business or mergers
  3. Reduction of work or ending of a particular kind of work
  4. New processes or technological innovation replacing work

What are the selection criteria for redundancy?

When selecting individuals for redundancy, employers must use objective criteria that take into account employees:

  • Attendance and timekeeping
  • Disciplinary records
  • Performance
  • Skill
  • Experience
  • Length of service

Businesses can't make employees redundant based on protected characteristics such as age, disability, or gender.

If you feel that the selection criteria for your redundancy was unfair, or that you were made redundancy because of one of these characteristics, you may have grounds to claim for discrimination.

What are my rights if I'm made redundant?

If you are made redundant, you have the right to:

  1. Redundancy pay (if you've been in your job for at least two years)
  2. A notice period before your employment ends
  3. Time off to look for a new job
  4. The option for suitable alternative employment
  5. Consultation with your employer about the redundancy process and your options.

If you were unfairly dismissed or not consulted properly about your redundancy, you also have the right to make a claim to the employment tribunal.

How is redundancy pay calculated?

Redundancy pay is typically calculated based on years of service (up to 20 years) and weekly pay.

The maximum statutory redundancy pay you can get is £19,290 for redundancy made on or after 6th April 2023.

Here's how redundancy pay is calculated:

  • For each full year you were under 22, you're entitled to half a week's pay.
  • For each full year you were aged 22 or older but under 41, you're entitled to one week's pay.
  • For each full year you were aged 41 or older, you're entitled to one and a half week's pay.

Weekly pay is calculated by averaging your earnings over the 12 weeks leading up to your redundancy notice and is capped at £643.

Am I entitled to redundancy pay?

If you've worked for your current employer for at least two years, you typically have the right to receive statutory redundancy pay.

However, you won't be entitled to redundancy pay if your employer offers to keep you on or you refuse suitable alternative work without a valid reason.

Certain workers aren't entitled to redundancy pay including:

  • Former registered dock workers
  • Share fishermen
  • Crown servants
  • Members of the armed forces or police
  • Apprentices who are not employees at the end of their training
  • Domestic servants who are immediate family members of their employer.

Is there a minimum notice period for redundancy?

An employer must give notice to employees when they are being made redundant. 

Notice periods are as follows:

  • One week’s notice if you were employed between one month and two years
  • One week’s notice for each year if you were employed between two and 12 years.
  • 12 weeks’ notice if you were employed for 12 years or more

Can I be made redundant while on maternity or paternity leave?

You can be made redundant while on maternity or paternity leave, but it must be for a valid reason and part of a fair process.

Your employer can't make you redundant simply because you're pregnant or on leave. They must assess your role and experience fairly compared to other employees.

If your employer didn't inform you about the redundancy process while you were on leave, you may have grounds to file a discrimination claim with an employment tribunal.

Contact us today for a free case evaluation to find out if you have a case and how you can make a claim.

What is collective redundancy?

Collective redundancy happens when an employer needs to let go of 20 or more employees within 90 days.

During this process, the employer must talk with trade unions, elected employee reps, or the employees themselves. They need to share details like why redundancies are happening, how many jobs are at risk, and how employees will be chosen.

Employees have time to think about this information and ask questions. Then, they get notices about when they'll leave and how to appeal if they disagree. This lets employees challenge the decision, helping to avoid unfair dismissal claims.

What is a consultation in redundancy?

A consultation in redundancy happens when an employer plans to let go of at least 20 people in the same process.

During the consultation, the employer must discuss the situation and explore alternatives to redundancy. They should also consider offering other job opportunities within the company.

Your company's redundancy process should be detailed in your staff handbook, covering how employees will be selected, how long the process will take, and how to appeal the decision.

Does there have to be a consultation period?

Your employer must consult with you if you're facing redundancy. This means they must explain why it's happening and explore other options, like finding you a new role or offering training.

If they don't do this during the redundancy process, you may be able to take legal action at an employment tribunal.

Can I challenge my redundancy?

Yes, you can challenge your redundancy if you believe your employer:

  • Didn't need to make redundancies
  • Discriminated against you
  • Didn't follow the correct process
  • Didn't offer you alternative work.

Start by discussing your concerns with your employer. If you're not satisfied with their response, you can launch an appeal following your employer's official process.

If discussions with your employer don't resolve the issue, you can consider conciliation, where a third party helps you and your employer find a resolution.

Can I negotiate my redundancy package?

You can negotiate your redundancy package, especially if you feel the amount offered is insufficient.

Our network of employment law solicitors specialises in helping you negotiate better terms. Or, if your employer has presented you with a settlement agreement due to an unfair dismissal claim, they can provide independent legal advice on the agreement to help you make an informed decision.

Contact us for more information.

Do I have to work my notice period if I'm made redundant?

If your employer offers you pay in lieu of notice (PILON), your contract can be terminated without the need for you to work your notice period. In this case, your employer will provide you with payment instead of requiring you to work your notice period.

Otherwise, you have a right to the minimum notice period stated in your contract before employment ends.

What happens to my pension contributions if I’m made redundant?

When you’re made redundant your employer will stop paying into your pension. You have options about how you want to make contributions to your pension after you’re made redundant.

You can: 

  • Keep your pension in the same place, without paying into it
  • Transfer your pension to a new workplace or personal pension
  • Draw your pension and take early retirement 

Do you need a solicitor for redundancy?

If you're given a redundancy settlement agreement, you must get independent legal advice before deciding what to do.

An experienced employment solicitor can help you understand the terms and decide if it's fair. Employers often cover the cost of this advice to avoid going to tribunal.

While you don't have to have a solicitor for a tribunal claim, having one can greatly help your case. They can guide you through the process, negotiate with your employer, and improve your chances of success.

Get specialist redundancy advice and support

Facing redundancy is never easy. But, if you are in this situation, you have rights and protections to make sure your employer treats you fairly.

If you feel you have been unfairly selected for redundancy, our experienced network of redundancy solicitors is on hand to help you understand your rights and get the compensation you deserve.

Book a call now to speak to one of our Legal Assessment Specialist about your case.

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