Redundancy rights

As more and more redundancies are announced, we outline your rights if your employer tells you your job is on the line.

Firstly, the redundancy must be genuine and carried out fairly. If employers are making individual employees redundant – as opposed to collective redundancies –  there is a specific process they must follow.

They must show there is a genuine redundancy situation, for instance, a need to cut back specific jobs or closure of the place the employee works. It is the post that is being made redundant, not the person.

A redundancy is more likely to be “fair” if an employer has considered alternatives to potential redundancies, for instance, voluntary redundancies, reducing hours or freezing recruitment.

The employer needs to explain a sound, objective rationale for the roles it is removing, whether they are standalone roles are part of a pool of similar roles. This may be, for instance, because a certain type of work is no longer required as much.

The employer can inform affected employees by letter or in a meeting and must tell those at risk what is happening and why. If a pool of employees is affected they must explain the objective criteria being used to select people for redundancy. This could include performance, attendance, length of service and disciplinary records.

Next, the  employer must consult affected employees and outline any selection criteria. Employees can then suggest any ideas for saving their jobs. Employers may suggest any potential suitable alternative roles.

Once a decision has been taken, the employer should write a letter confirming the decision and cover any potential suitable alternative employment. The employee can appeal this decision.

If you have over two years of service, you will get statutory redundancy pay. If you have been on furlough, your redundancy pay will be based on your normal – rather than your furlough – pay.

Related:

• New redundancy pay right for furloughed workers
• Finding a job after redundancy
• How to survive redundancy

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