Have you been made redundant? What to do next

Posted on 18 August, 2022 in Employment law

Going through redundancy is a stressful time. You may be facing uncertainty about your future professional life. However, one thing you can be certain about is that here at Owen White & Catlin, we will fight your corner.

If you are being made redundant, you have the right to be treated fairly and involved in the process. Your employer must follow a fair redundancy process and satisfy certain statutory requirements. If you feel as though these things have not been done, you may be able to challenge your redundancy and even claim compensation.

What is redundancy?

Redundancy describes the situation in which an employer decides to reduce the number of people they employ. This can be either within the business as a whole or within a particular role/job function.

There are several reasons an employer might decide to do this:

business closure
workplace closure or relocation
less demand for a particular kind of work

Any employer considering making dismissals for the above reasons must be able to show a genuine need for fewer employees within the business.

Fair redundancy process

Your employer must follow a fair redundancy process if you have worked for them for 2 years or more. This involves your employer inviting you to a one-on-one meeting to discuss your redundancy.

During this meeting, your employer should explain to you why they need to make redundancies in the first place and why you in particular are being considered for redundancy. Your employer should also discuss other suitable employment options with you. You should be given a chance to ask your employer any questions you have about your redundancy. You may want to take this opportunity to tell your employer why you shouldn’t be made redundant or question the process they are following if you feel it is an unfair one.

Aside from a one-on-one meeting, there is no set process your employer must follow for it to be deemed ‘fair.’ However, any process followed must be a clear one, which is used for all redundancies. Your employer's redundancy process might be in your employment contract or handbook.

Employees should also be given a notice period and receive Statutory Redundancy Pay.

Notice period from employers in redundancy

Your employer must give notice to any employees who are being made redundant. The statutory redundancy notice periods are:

at least 1 week’s notice if employed between one month and 2 years.
one week’s notice for each year if employed between 2 and 12 years
12 weeks’ notice if employed for 12 years or more.

Your employer can give you more than the statutory minimum, but they cannot give you less. You should check your employment contract, which may state your redundancy notice period.

Redundancy pay

If you’ve been working for your current employer for 2 years or more, you are entitled to statutory redundancy pay. The amount you will get depends on your age and your salary.

As well as statutory redundancy pay, your employer should either pay you through your notice period or pay you instead of your notice period if they do not want you to work your notice period.

Challenging a redundancy notice

You can challenge your redundancy if you have worked for your current employer for at least 2 years and one of the following applies:

your employer did not follow a fair redundancy process
there was an unfair reason for your redundancy
you have been made redundant due to discrimination

You should contact our qualified employment solicitors immediately if you feel one of the above applies to your situation. Even if you are unsure whether you have a legitimate case for challenging your redundancy, we can assess your circumstances and help you find out. Our team can assist you in appealing the decision to make you redundant, and, in many cases, we can help employees obtain compensation without having to go to court.

Contact our Redundancy Solicitors in London, Surrey and Middlesex

For a free initial phone call to discuss your circumstances, contact us on 020 8890 2836 or fill in our online contact form.