Redundancy: your rights

  1. Overview
  2. Being selected for redundancy
  3. Statutory redundancy pay and enhanced redundancy payments
  4. Your notice period
  5. Your consultation period
  6. Redundancy and suitable alternative employment

2. Being selected for redundancy

Broadly speaking, there are three main redundancy situations:

  1. Where the business as a whole is being closed;
  2. Where the particular workplace where the employee is working is being closed;
  3. Where there is a need to reduce the size of the workforce

An employer has a broad remit to reduce the size of its workforce – this could be, for example, because of a restructuring of the workplace, because there is a need to cut the costs of the business overall, or because a different strategy is being put in place (among other things). There need not necessarily be less work to done – the employer may have just decided to cut costs by reducing staff and making those who remain do more work. However, the employer should be able to justify the reasons for the redundancies it is making and communicate those to the employee.

Ways of selecting for redundancy

Overall, your employer must use a fair and objective means of selecting you for redundancy. Employers commonly use the following means of selecting employees for redundancy (among others):

  • Asking for volunteers (voluntary redundancy or ‘self-selection’)
  • Using the LIFO method (“last in, first out”) where employees with the shortest length of service are selected first
  • Carrying out a full redundancy procedure (ranking employees by how they score over various criteria including skills, aptitude, attitude, qualifications, and experience)

Employers do not have the obligation to carry out a full redundancy process if your job no longer exists, for example if:

  • The business as a whole is closing
  • The particular workplace in which you worked is closing and all employees in that workplace are being made redundant; or
  • You are the only employee who is working in a particular workplace / organisation structure that is being closed

How your employer may select you for redundancy

If your employer is carrying out a full redundancy procedure then the employer should generally carry out the following procedure:

  1. Construct a fair pool of employees who may be selected for redundancy
  2. Choose reasonable selection criteria (provided that these can be objectively measured and are not discriminatory)
  3. Apply the selection criteria chosen fairly and objectively

Although all employers have an obligation to carry out a fair and objective procedure, the lengths to which a Tribunal will expect employer to go in drawing up and applying criteria will depend on the employer’s size and administrative resources.

Unfair selection for redundancy

If your employer fails to follow a fair procedure in dismissing you or fails to make a fair decision to dismiss you then you may be entitled to make a claim for unfair dismissal (should you have the necessary continuous employment to do so).

Further, if you are selected for redundancy for the following reasons then your dismissal may also be unfair (among others):

  • Your gender
  • Your age
  • Your disability
  • Your race
  • Your religion or philosophical belief
  • Your sexual orientation
  • Your gender orientation
  • Membership or non-membership of a trade union
  • Because you have complained about health and safety in the workplace
  • Because you have made a protected disclosure (commonly known as “whistleblowing”)

Appealing your redundancy

If you feel that you have been unfairly dismissed then you can appeal your dismissal. If you wish to challenge the decision then you must write to your employer to do so, explaining the reasons why you think your redundancy has been unfair.

You may also be entitled to make a claim for unfair dismissal to an Employment Tribunal.

Voluntary redundancy

If you volunteer for redundancy then your employer still has the discretion whether or not to select you for redundancy.

Previous: Overview

Next: Redundancy pay

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    Contact us

    Please feel free to discuss your own position and concerns. Contact your nearest office on:

    T: 020 3397 3603
    E: enquiries@redmans.co.uk
    W: www.redmans.co.uk

    Testimonials

    4.76 Average

    235 Reviews

    Paul O

    Chris & Rana guided me through a redundancy discussion. Prompt & patient assistance with the documents & meetings. Clear advice & fast responses regarding negotiations. Would definitely recommend & would use again without hesitation.

    Posted 1 month ago

    Anonymous

    Outstanding, efficient service. Thank you so much!

    Posted 1 month ago

    Jaswant S

    Very very happy with the good service I got Thank you so much for your help

    Posted 1 month ago

    Anonymous

    Mel and Chris were fantastic and supportive throughout! 1000% recommend.

    Posted 1 month ago

    Emma D

    Good responsive service

    Posted 1 month ago

    Mike T

    Good efficient service.

    Posted 1 month ago

    Brenda G

    Very professional and helpful

    Posted 1 month ago

    Charles A

    Chris Hadrill was recommended to me when I found myself in need of a solicitor at very short notice. He contacted me almost immediately to arrange a call. Chris handled my case in a professional and timely manner and kept me notified throughout. Chris inspired confidence and made me feel I was being cared for. If ever I'm in need of legal representation, I would not hesitate to contact Chris. And will gladly recommend him to family and friends.

    Posted 1 month ago

    Rosalind R

    I was very happy with the service that I received from Redmans Solicitors. They were able to advise me accordingly with regards to my employment matter and stay within the agreed costing.

    Posted 1 month ago

    Karl B

    Caroline and Chris were so helpful and friendly. Couldn't of asked for a better service.

    Posted 1 month ago

    Dimitrios P

    Excellent, professional service, in time and within the expected value.

    Posted 1 month ago

    Barbara K

    Everything quickly and fairly. Very professional. Thank you.

    Posted 1 month ago

    Sabrina J

    I received a efficient professional service during the whole process of liasing between myself and my former employer to getting all forms signed and receiving my redundancy payment in full in the summer of this year.

    Posted 1 month ago

    Anonymous

    I received legal advice on a redundancy settlement agreement from Redmans Solicitors and was very impressed by the quality of their service. Chris Hadrill is highly experienced in settlement matters and was especially understanding of the particulars of my case, going out of his way to ensure that it was resolved quickly and with the utmost professionalism. I have no hesitation in recommending Redmans to anyone in need of employment advice and settlement resolution.

    Posted 1 month ago

    Anonymous

    Excellent service, with full explanations of everything needed. Both Chris and Mel answered all emails very promptly and were personable and efficient.

    Posted 1 month ago

    Anonymous

    I would like to thank Chris Hadrill, in particular who handled my case, for all his hard work, expertise and dedication. He listened with empathy and offered suitable advice, which made me feel valued and confident through a difficult time. I would highly recommend Chris and the team at Redmans Solicitors. Thank you.

    Posted 1 month ago

    Yann G

    Yann Guezennec / Chris Hadrill - Thanks for the detailed, informed and professional advice for my settlement. When comprise is the rule I felt we could have been maybe a bit more aggressive from the start. However an acceptable outcome considering the situation. Thank you

    Posted 1 month ago

    Valentina D

    Great service from Mel, she was very good at explaining every part of the settlement agreement and very efficient dealing with the HR team. Very professional team, I would definitely use them again in future if the opportunity came up.

    Posted 1 month ago

    Olaf S

    I was very happy with the service that I have received. Thank You Regards

    Posted 1 month ago

    Rebecca A

    I had a wonderful solicitor called Caroline who was so helpful and gave me all the information I need and explained everything in detail so I was crystal clear. Would highly recommend if you are in need of a solicitor!

    Posted 1 month ago

    Gareth J

    Very efficient, helpful and pragmatic support from Caroline. Happy to work with my requirements / suggestions but also made some very good points which helped to achieve a higher settlement amount. Would highly recommend Caroline and Chris.

    Posted 1 month ago