Understanding Standard Redundancy Rights
In today's employment landscape, it's crucial to be aware of your redundancy rights, regardless of whether the redundancy is due to ongoing economic changes, including the aftermath of COVID-19, or other reasons.
Employers are legally required to follow a fair and transparent process when making redundancies. If this process is not adhered to, or if a company lacks a formal redundancy procedure, employees may be entitled to make a redundancy claim. For more comprehensive information, you can refer to our guide, 'Can I make a redundancy claim?'
While there is no universal process for redundancy as it varies from company to company, there are general expectations that employers must meet:
- Consultation: Employers should hold a meeting with the employee to discuss the redundancy.
- Explanation of Reasons: The employer must clearly explain why job cuts are necessary and provide an expected timeline.
- Alternative Roles: If available, a reasonable alternative role within the company should be offered.
- Appeal Process: Information on how to appeal the redundancy decision should be provided.
Employees should take the opportunity to raise any concerns they have about the fairness of the decision or the redundancy process during these meetings.
Find out more in our guide, ‘Can I make a redundancy claim?’
Impact of COVID-19 on Redundancy
The COVID-19 pandemic has brought about changes in the redundancy process. For instance, consultations and meetings might be conducted online. If COVID-19 has led to a shift in business operations, such as a move to remote working or a shutdown, these could be considered legitimate reasons for redundancy.
The criteria for selecting employees for redundancy might also have changed. If you have doubts about the fairness of your selection for redundancy, it's advisable to consult with employment solicitors.
Redundancy Pay for Furloughed Employees
Furloughed employees with at least two years of service are still entitled to redundancy pay, calculated based on their normal salary, not the reduced furlough rate. This includes notice period pay, holiday pay, and any other dues. However, specific circumstances might affect the amount of notice pay. It's important to discuss these details with your employer or seek advice from an employment expert.
During the redundancy process, employers might offer a settlement agreement, including notice pay. It's advisable to seek legal advice before accepting any such agreement, especially if you believe the offered amount is less than what you're entitled to.
Explore your options in ‘Life after redundancy: making life easier’
Addressing Unfair Redundancy
If you suspect that your redundancy was unfair, the first step is to appeal the decision following the procedure outlined in your company handbook. Provide evidence to support your claim of a flawed selection process or workplace discrimination.
If the issue is not resolved through internal processes, seeking legal advice is recommended. An employment solicitor can guide you through legal actions, such as making a claim at an employment tribunal or pursuing unpaid dues.
For assistance in finding the right legal support, The Law Superstore offers a quick quote form to connect you with solicitors experienced in handling redundancy claims.
The Law Superstore’s quick quote form lets you compare and connect with solicitors who take the time to help you make a redundancy claim.