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Solicitor Sybille Idrac-Raphae at Russell Jones & Walker gives some top tips on what to do if you have been threatened with redundancy.
You’ve been told your job could be under threat of redundancy so what should you do?
As a starting point, you should know that you must be consulted, you are entitled to a notice period and under certain conditions a redundancy payment should be made:
You should be consulted, even (especially!) if you are on maternity leave. Your employer should consult you individually and collectively (with a recognised trade union or elected staff representatives) if 20 or more posts are going to be made redundant.
The reasons for the redundancy should be set out in writing, and you should be invited to at least one meeting to explore ways to avoid the redundancy, comment on the basis for selection, and consider any alternative position that may exist.
Your notice period can only begin once this consultation is finished, which must last at least 30 days when 20 or more posts are made redundant (90 days if 100 or more).
The length of your notice period is usually set out in your employment contract.
The statutory minimum is 1 week’s salary if you have more than 1 month but less than 2 years of service, 1 week per complete year of service afterwards (up to 12 weeks).
If you have more than 2 years of service, you are also entitled to a redundancy payment of 0.5, 1 or 1.5 week’s salary (capped at £350) per year of service, depending on your age.
It is worth checking the Staff Handbook and what used to be done in the past: your employer may have a more generous contractual policy.
But this is not the end of it.
There are some steps you could take to avoid, delay, contest or negotiate your redundancy.
For more information on taking control when redundancy beckons visit: www.rjw.co.uk/redundancyroundup
Sybille Idrac-Raphael is a Solicitor in the Employment Team at Russell Jones & Walker.