Hearing that your role is at risk of redundancy is unsettling, and the period that follows the announcement can be confusing and stressful. Knowing what your rights are, and what you should and should not do during the process, puts you in a much stronger position regardless of how events unfold.
Being placed at risk of redundancy means that your employer has identified a potential redundancy situation and is beginning the required process of consultation before any final decision is made. It does not mean that your job has already been lost. The consultation process must be genuine, and the employer must keep an open mind throughout it.
Employees who are placed at risk of redundancy are entitled to a minimum period of individual consultation before a final decision can be made. The length of the minimum consultation period depends on whether the redundancy is collective or individual and on the number of people affected.
Your employer has a number of obligations during the redundancy process. They must carry out a genuine consultation with you, not simply inform you of a decision that has already been made. They must consider whether there are alternative roles available within the organisation that you could be offered. They must apply a fair selection process if there is a pool of employees from which the redundant positions are being selected.
If your employer fails to follow a proper process, the redundancy may give rise to a claim for unfair dismissal even if there is a genuine redundancy situation. The process matters as much as the substantive reason for the redundancy.
Our employment law barristers can advise on whether the process your employer is following is legally compliant.
You have the right to be accompanied to formal redundancy consultation meetings by a trade union representative or a fellow employee. If you are a trade union member, your union may be able to provide representation and support throughout the process. If you are not a union member, having a colleague accompany you can still be helpful for note-taking and moral support.
If there are suitable alternative roles available within the organisation, your employer must offer them to you before making you redundant. If you are offered a suitable alternative role and unreasonably refuse it, you may lose your entitlement to a statutory redundancy payment. If the role offered is not truly suitable, or if the terms are significantly different from your current role, you have the right to refuse it without losing your entitlement.
The question of what counts as a suitable alternative role is often a source of dispute. Pay, location, hours, responsibility level, and status are all relevant factors. Getting advice on whether a particular alternative is genuinely suitable before making a decision about whether to accept it is often worthwhile.
If you are made redundant, you are entitled to statutory redundancy pay if you have two or more years of continuous service. The amount of statutory redundancy pay depends on your age, length of service, and weekly pay. Your contract may entitle you to enhanced redundancy pay above the statutory minimum, and this is worth checking at an early stage.
You are also entitled to notice of termination in accordance with your contract, or statutory minimum notice if that is longer. During any notice period to which you are entitled, you may have the right to be paid without having to work, depending on the terms of your contract and what your employer proposes.
You can read more about your rights in our guide to employment rights and tribunal claims.
Speak with a specialist barrister for early advice call our team for a quote via our contact page.