Understanding the redundancy process is essential if you want to defend your rights and make sure your employer stays on the right side of redundancy law.

Being made redundant is an incredibly distressing time in a person’s career. The redundancy process often starts unexpectedly, which means employees can be caught off guard if they do not know their redundancy rights. There are certain rules you employer must follow if you have been with the company for over two years. If you have been with the company for less than two years, your employer doesn’t have to follow the same redundancy process, but they must still be fair.

What is the redundancy process in the UK?

Companies differ in their approach to the redundancy procedure, but if you have been with the company for at least 2 years then you should be invited to at least one meeting with your employer to discuss your redundancy. During this meeting, your employer should make you aware of their redundancy process and let you know what to expect.

Every employer is different, but most will offer to outline when they expect to begin the redundancy process. They should also explain how they are choosing individuals for redundancy. This will give you an opportunity to defend your role and outline why you think you shouldn’t be made redundant. The meeting is also an opportunity for your employer to tell you about any other roles in the company and for you to ask any questions you might have.

What if I think I am being treated unfairly?

If you are worried that you have been chosen for redundancy unfairly you should speak to a specialist employment solicitor to see if your employer is breaking redundancy law. For example, if you are on maternity leave and discover that you have been made redundant, you may have been treated unfairly. Likewise, if you suspect that your age, gender, religious views, sexual orientation or marital status have had an impact on the decision-making process, this would be considered unfair.

What are my redundancy rights?

If you are being made redundant, your redundancy rights are protected by law. It will depend on your situation, but you might be entitled to the following redundancy rights:

  • Redundancy pay
  • A notice period
  • Another job in the same company
  • A trial period in a new job with the same company
  • A consultation with your employer
  • Time off to find a new job

It’s important for you to stand up for your redundancy rights, even if you are distressed by the decision. Redundancy law is there to protect you, but only if you exercise your rights and speak up. If you are unsure if your employer is acting fairly, you should seek professional advice from an employment law specialist.

What if I am offered a settlement agreement?

Sometimes employers will offer a settlement agreement as part of their redundancy procedure. If you agree to a settlement agreement, you waive your rights to take legal action against your employer. For this reason, if you are concerned that your redundancy is not in line with redundancy law, it’s important to check your rights before you sign anything. You can find out more about settlement agreements by clicking here.

If you’d like to know more about the redundancy process, get in touch with our employment law solicitors on 0161 930 5151, e-mail employmentteam@gorvins.com or fill in our online form and we will call you back.

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