Have you been made redundant and believe it was on unfair terms?
Redundancies are unfortunate but common within the workplace. Yet, it’s important to acknowledge that if you’ve been made redundant, it’s because your job no longer exists rather than any fault of your own. Your employer has a duty to ensure you’re treated fairly throughout the process and pay you the money you’re legally entitled to.
There are a number of reasons why your employer might decide to make you redundant; for example, new technology has made your responsibilities obsolete, if they’re looking to reduce costs by letting staff go or if the business is closing altogether.
As a leading law firm specialising in this complex area of employment law, we completely understand that it’s natural to have lots of questions when faced with redundancy. You’ll want to know if you’ve been fairly selected and how much money you’re entitled to. Most employers handle the process compassionately and support their employees through the difficult time. However, if you believe your employer has been unfair and made you redundant on unreasonable terms, we can help.
BTMK have a team of redundancy solicitors in Essex, and we have offices across the region and London. If you’ve been made redundant and believe it was on unfair terms, please contact our employment law team today by calling 03300 585 222 or by sending an email to [email protected].
You must be selected for redundancy fairly, and not on the grounds of your age, sexual orientation/identification, religious beliefs or because you’re disabled or pregnant. If you are, this could be classed as unfair dismissal and discrimination. So, it’s important that you take prompt advice in order to protect your position.
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If your employer makes their entire workforce redundant because the site you work at is closing due to cutbacks, selection isn’t an issue. However, if only a certain percentage of workers are being made redundant, you have the right to question why you’ve been selected. Employers are allowed to use certain factors in their selection processes, such as appraisal scores and disciplinary records. But they’re not allowed discriminate on the basis of gender, age, marital status, sexual orientation/identification, disability, or religious beliefs.
If you’re put into a “pool”, it means that you’re at risk of redundancy. Ask your employer who else has been put in the pool and why they’ve been selected. You can also ask your employer whether the pool is appropriate or not. Understandably, you may feel anxious, but it’s essential to ask your employer these questions.
If you’ve worked with your employer for over 2 years, you have a significant amount of employment protection. However, you could make a claim against your employer if there’s not a legitimate redundancy situation. For example, if your employer has not followed a fair process or if you’ve been unfairly selected for redundancy.
If you’re offered an alternative job, you need to think very carefully whether to accept or reject it. However, if you reject the role unreasonably which your employer considers to be suitable, you may lose your right to a redundancy payout.
To avoid the risk of an employment tribunal claim, some employers offer settlement agreements. This is where an employer agrees to pay an employee a certain amount of money to waive their legal rights. In this situation, most employers will provide an employee with the money to seek independent legal advice regarding such an agreement.
Your employer legally has to give you at least 1 weeks’ notice for each year you’ve been with their company. For example, if you’ve been working with your employer for 5 years, you’ll be legally entitled to 5 weeks redundancy notice.
As an employee with a contract of employment, you have a right to appeal your redundancy if you believe it’s unfair or if your employer hasn’t followed a reasonable process. You should speak with your employer first to find out whether they have an appeals process. If they don’t, you can send them a letter or email which explains why you think their decision is unfair.
If your employer becomes insolvent, the Redundancy Payments Service (RPS) will pay you instead, and their debt is recovered from their business assets. Any outstanding money from time worked for your employer will also be dealt with by the RPS.
