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 Рthis 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 Рthe 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

    Testimonials

    4.81 Average

    324 Reviews

    Mark Q

    Five Stars I was most impressed by the attention, courtesy, speed and above all, professionalism in dealing with my Settlement Agreement. I would certainly have no problem in recommending this firm to anyone in need of their services.

    Posted 1 day ago

    Ade A

    I was surprisingly impressed by how Redmans Solicitors handle my case. From the moment I call them to the absolute end of my case, they always look after my best interest.

    Posted 3 days ago

    Malcolm P

    they were there when others were not

    Posted 1 week ago

    Anonymous

    Excellent service all the way through from start to finish. Really great support and guidance from the team, they secured the offer that I wanted. I can't recommend Redmans highly enough and will be sure to use their services again should the need arise.

    Posted 1 week ago

    Anonymous

    Efficient and quick service!

    Posted 3 weeks ago

    Karen B

    Quick response very helpful Issue raised dealt with very quickly

    Posted 3 weeks ago

    Carmen T

    Redmans give Great service and advice on reading contracts. They can explain all the solicitors jargon into words that you can understand. I received excellent service an I will use them again and again.

    Posted 3 weeks ago

    Anonymous

    Very grateful for Mel’s efforts in handling my case from start to finish which I would have found very stressful without it. She was very professional, friendly and we had a positive outcome. Highly recommend.

    Posted 1 month ago

    Nalin W

    Mel Chin was my Legal Executive when I engaged the services of Redmans Solicitors to help with a redundancy matter. She was incredibly approachable and professional from start to finish. Specially I have to mention regarding prompt reply to all my email queries, It was super quick. I would thoroughly recommend Mel Chin. Many Thanks

    Posted 1 month ago

    Anonymous

    I'd highly recommend Redmans Solicitors. Mel was very helpful and assisted me throughout my case.

    Posted 2 months ago

    Anonymous

    Sacha was very thorough and very helpful, with great advice on when to act and when to wait on my case.

    Posted 2 months ago

    Anonymous

    I have been very pleased with the support I got from Redmans Solicitors on my case with my employer. Caroline has always helped me to put things in perspective and showed me different scenarios ultimately to help me taking the right decision. She was very professional and always available when I needed, and at the same time also emphatic which I found also really important to establish a strong relationship. Will definitely recommend!

    Posted 2 months ago

    Anonymous

    Prompt and efficient response to my enquiries. Excellent negotiating skills with my employer which considerably improved the terms of my settlement agreement.

    Posted 2 months ago

    Anonymous

    Very quick and professional service , Rana was very helpful

    Posted 2 months ago

    James G

    Very professional, knowledgeable and kept me informed at every stage of my case. I would highly recommend Redmans.

    Posted 2 months ago

    Pravina P

    Chris was really good and help solve my issues with current company. I would recommend him to anyone.

    Posted 2 months ago

    Paul L

    Sacha was extremely helpful in my matter. I would not hesitate you use Sacha or Redmonds again. Everyone was very helpful.

    Posted 3 months ago

    Monique N

    I had Mel Chin helping me with a settlement and she was very professional and reliable throughout my case. Mel provided me with a good understanding of what was happening and gave suggestions on routes I could take. My case was resolved and closed promptly although the opposing side were very difficult to deal with. A very big thank you to Mel and Chris.

    Posted 3 months ago

    Jackie C

    My first ever experience needing the services of a solicitor; cannot speak highly enough of Mel and Chris’s personable, reassuring and straight to the point advice in dealing with my settlement agreement. They put me at ease during an extremely stressful time. I am equally as happy with the outcome, as l am their professional services.

    Posted 3 months ago

    ""

    Really happy with the service. All very efficient. Mel rattled through things very fast, however was great whenever I needed to stop and ask a question! Would definitely return to Redmans if I ever needed Legal advice.

    Posted 3 months ago

    Peter F

    Very helpful and clear advice, would highly recommend.

    Posted 3 months ago