Being made redundant is one of the worst things that can happen to you during your career, so when an employee is made redundant, one of the most important things for them is getting treated fairly and receiving the right redundancy package that they’re entitled to. This is why seeking representation after redundancy is important. But when should you seek representation? This article will discuss being made redundant, your rights in redundancy, and when to seek representation after being made redundant.

 

Facing Redundancy

Redundancy happens when a business no longer requires you to perform your role, either due to economic reasons or because the need for the role has diminished or been eliminated. The usual reasons for companies making redundancies include the business ceasing to trade, a workplace closing down or a need for the workforce to be reduced.

When you are facing redundancy at work, your employer must follow a fair redundancy process, and, during this time, employees being made redundant are also entitled to certain employment rights.

 

Your Rights During Redundancy

If you’re faced with redundancy, your employer must treat you fairly and act according to your contract and legal redundancy rights. That includes making sure you’re consulted, following the right selection process, and giving you a proper notice period.

Right to a minimum notice period

According to redundancy law, you’re entitled to a minimum notice period of:

• 12 weeks’ notice if you’ve been employed for 12 years or more
• at least one week’s notice if you’ve been employed between one month and two years
• one week’s notice for each year if you’ve been employed between two and 12 years.

Right to a consultancy period

Employers always have to consult with employees before dismissing them on the grounds of redundancy. During this process, your employer must tell you why your role is at risk and allow you to ask questions, raise objections, and consider any alternatives that may avoid redundancy.

As part of the consultation process, employers have to:

• consider alternatives to redundancy
• look at ways to reduce the number of redundancies
• look at how they can reduce resulting hardship.

The process your employer has to follow will depend on the number of redundancies. Whilst the consultation procedure does not usually lead to a change in the outcome, it can provide a useful opportunity for a settlement to be negotiated, particularly if there appears to be a potential unfair dismissal claim. Cavendish Employment Law are experts in advising on the scope to negotiate a settlement and ensuring you receive the best possible outcome.

Right to statutory redundancy pay

Employees with at least two years of continuous employment who are made redundant are entitled to a statutory redundancy payment, which may be enhanced depending on the implied or express terms of their employment contract.

The purpose of redundancy pay is to compensate an employee for the loss of a job, and the amount they will be entitled to depends on their age, length of service, and how much they earned.

Seeking Representation After Redundancy

The main reason to seek representation after redundancy is if you have not received a fair settlement or redundancy package, or if your employer didn’t adhere to your legal rights during the redundancy process. When this happens, you should seek representation. 

If you think you’ve been selected for redundancy unfairly - for example, on the grounds of age, race or gender – or your employer has acted unfairly in other ways, you can normally appeal. If you do appeal, you should also seek representation to ensure that your case is being presented in the best way possible.

 

Employment Tribunal Representation

If you feel as if your employer has treated you unfairly and an appeal hasn’t worked, you can take your employer to a tribunal. A tribunal is an independent judicial body with the authority to make judgements on any employment law disputes. 

Claims at an employment tribunal can take in excess of 12 months. Due to the timescale and the complexity of employment, it is advisable to seek legal advice and representation to obtain the best possible chance of protecting your rights and obtaining the best possible outcome.

How Cavendish Employment Law Limited Can Help

At Cavendish Employment Law Limited, we have an expert team of employment law solicitors with experience in winning high-value settlement agreements and employment tribunal claims for many senior executives throughout the UK.

We pride ourselves on constructing clear and confident cases for all claimants which will give them the best chance of success, and specialise in negotiating an increase of your redundancy payment on a No Win No Fee basis.

If you need legal advice or representation after redundancy, contact us today to see how we can help.