Redundancy Rights

 

What is redundancy?

Redundancy refers to a very specific form of dismissal from a place of work. It is caused by the employer needing to reduce the workforce for any of the following reasons:

    • The company is either closing down or moving.
    • The job for which you were hired is no longer in existence.
    • The implementation of new technology that has made your job unnecessary.
    • The business has been bought out by another company.

If you are being made redundant, your employer has to fulfil his obligations to treat you fairly and follow the correct procedure. In a redundancy situation, an employer has a responsibility to:

    • Consider alternatives for redundancy.
    • Choose staff members fairly for redundancy.
    • Consult staff members before finalising any decision.
    • Ensure staff members are given the proper period of notice and redundancy pay.

Redundancy Selection

 

As the above points touch upon, your employer must put you through a fair selection process. This means the process should be based on evidence rather than the employer just choosing who they want to make redundant.

 

Where possible, redundancy should first be offered to employees who have previously expressed their desire to leave. If this scenario does not apply, employers often base their decision on various factors including:

 

Period of service

this is dependent on how long each employee has worked for the company.

 

Attendance and conduct

employers may consider the attendance record and the conduct and demeanour of the employee whilst at work.

 

Qualifications and experience

the skills of the employee are taken into account as are things like amount of experience and relevant qualifications.

 

As deducing whether your redundancy rights have been violated is not always clear, it is preferable to get an expert legal opinion.

 

Our experience and expertise puts us in the ideal position to advise you on how you can proceed with a potential claim. Once we have all the necessary information, we can decipher whether you are entitled to make a claim and the chances of success.

If you have been, or are being made redundant, and you feel correct procedures were not followed, contact us today.

 

Our experienced solicitors will attempt to build a strong case on your behalf on a no win no fee basis. Call us on 0800 328 3823 or visit our contact page.