Facing redundancy can often be a distressing experience especially if an employer has not made a genuine redundancy or has not followed a fair procedure. As an employee you may be entitled to compensation if your dismissal was unfair. Depending on your circumstances, you may also be due a redundancy payment or compensation for discrimination.
A genuine redundancy arises when:
- There has been a closure of an entire business
- There has been a closure of an employee’s workplace
- There has been, or it is anticipated that there will be, a ‘diminishing need for employees to do work of a particular kind’
- There is less work and consequently the need for fewer employees to carry it out
- There is not less work but the employer needs fewer employees to do it.
If you are facing a genuine redundancy, your employer must ensure that the redundancy procedure is fair. Employers should do the following to ensure a fair redundancy procedure:
- Adopt and apply an objective and fair selection process
- Warn and consult relevant employees
- Consult with any recognised trade union representatives or in some cases elected employee representatives
- Consider alternatives to dismissal
If you have been made redundant you may be entitled to statutory redundancy pay. To qualify for the minimum statutory redundancy payment you will need to have been an employee who has worked continuously for your employer for at least two years and are being ‘dismissed’ on the grounds of ‘redundancy’.
The amount of statutory Redundancy pay you are entitled to is determined by:
- Your weekly pay
- How long you have worked for your employer
- Your age
You may also be entitled to an enhanced redundancy payment under your employment contract. As such, you should check your employment contract for details about your contractual redundancy pay.
Can I Make A Claim?
As of 6th April 2012, the qualifying period for bringing an unfair dismissal claim is 2 years continuous service. However, this only applies to employees who were employed after 6 April 2012. Consequently, if you were employed before 6 April 2012, you only need one year’s continuous service in order to bring a claim for unfair dismissal.
Time limits are strict in claiming unfair dismissal and you must do so within 3 months less 1 day of the date of termination.
How We Can Help You
Our experienced Employment Law solicitors offer tailored legal advice and guidance on your redundancy rights, advising you on whether you can make a claim for compensation. Understanding your entitlements and the obligations of your employer is also an area we can help you with.
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