Unless your job no longer exists due to the closure of part of the business, your employer should use a fair and objective selection process when selecting employees for redundancy.
It will be classed as an unfair dismissal if employees are selected for redundancy for unethical reasons such as:
- Gender reassignment
- Marital status
- Sexual orientation
- Religion or belief
- Your membership or non-membership of a trade union
- Health and safety activities
- Working pattern, for example, part-time or fixed-term employees
- Maternity leave, birth or pregnancy
- Paternity leave, parental or dependants leave
- You’re exercising your statutory rights
- Whistleblowing, for example, making disclosures about your employer’s wrongdoing
- Taking part in lawful industrial action lasting 12 weeks or less
- Taking action on health and safety grounds
- Doing jury service
- You’re the trustee of a company pension scheme
If you are being made redundant, we offer independent legal advice on whether the redundancy process adheres to the legal framework, is being carried out fairly, and we can advise on what your rights are when negotiating a redundancy package.
Depending on your individual circumstances, you might be eligible for certain things, including:
- Redundancy pay
- Holiday pay
- Unpaid wages
- Company benefits
- A set notice period depending on your length of service
- Pay through your notice period or in lieu of notice
- A consultation with your employer to discuss why you’re being made redundant and any available alternatives
- If more than 20 redundancies are being made at the same time, collective redundancy rules apply, which have additional legal requirements
- The option to move into a suitable alternate role within the organisation or an associated company with a minimum four-week trial period
- If you have been continuously employed for two years by the date your notice period ends, you are allowed a reasonable amount of time off to look for another job or arrange training to help you find another job with a maximum of 40% of one week's pay.
If you believe that the redundancy process is not carried out in accordance with the law, employees may be able to make a claim to an employment tribunal.
Our experienced solicitors can offer independent advice in relation to a proposed redundancy, guide clients through the process and represent clients at employment tribunals if required.