Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

If you have been notified that you may be made redundant or (if you’re an employer) think that you may need to make redundancies then the there are two things that must be considered. Firstly, what rights the employee has in a redundancy situation and, secondly, how the redundancy procedure should be conducted to prevent employees being unfairly dismissed. Although the two elements very much intertwine (for example, the employee has the right not to be unfairly dismissed which provides the motivation to conduct a fair redundancy procedure) they will be considered separately in the next two articles. The first article will consider the employee’s rights and the second will consider how a fair redundancy procedure should be carried out.

The employee’s rights

1. Redundancy payment

Firstly, the employee has the right to receive a statutory redundancy payment after two years continuous employment with their employer. The amount of redundancy pay due is calculated with reference to the particular employee’s age, their length of service, and their gross weekly wage (with a cap of £400).

However, if the employee has an implied or express contractual entitlement to redundancy which is greater than the statutory minimum then the employee may be due to receive this. An implied right to redundancy pay can accrue through custom and practice on behalf of the employer with previous employees in similar situations. An express right would be oral or written (although it’s obviously better to record such entitlement in a written document as its eminently possible to dispute an oral term).

Should the employer be unable or unwilling to pay the employee’s redundancy pay then the employee should apply to the National Insurance Fund for their statutory entitlement and any other payments they are eligible for. Such payments may include holiday pay , compensatory notice pay, and potentially unpaid pension contributions. This is done through the RP1 form available here.

2. Right not to be unfairly dismissed

If you have one year’s continuous service then you have the right not to be unfairly dismissed. Your employer’s decision to dismiss you must therefore be based on both a reasonable decision in the circumstances and be premised upon a proper redundancy procedure. If you believe that your employer’s decision to dismiss you wasn’t a genuine one or that it was based upon a flawed procedure then you should obtain legal advice as you may have grounds for issuing an Employment Tribunal claim.

3. Ancillary rights

You have the right to receive statutory minimum notice of your dismissal, should you qualify for such. However, if you have a greater contractual entitlement than the statutory minimum to notice then you are entitled to this.

Further, you have the right to have time off to look for work should you have two year’s employment with your employer. Allied to this, you have the right to time off to look for training opportunities for prospective or actual new roles.

As can be seen from the above, employees have substantial (and substantive) rights in a redundancy situation. Failure to recognise and comply with these rights may lead to legal action. It is therefore in the interests of both employers and employees to educate themselves on these and prepare properly for any redundancy situation.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Leave a Reply

Your email address will not be published. Required fields are marked *

 

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

    4.78 Average

    265 Reviews

    Alison M

    Very happy with the advice I received

    Posted 3 days ago

    Margaret A

    I found everything about the company to be extremely professional and efficient. During my initial contact with Chris, he listened well and was reassuring, so I felt confident that my case would be well handled. Caroline was excellent at explaining all the legal points and answering my questions, as well as being very supportive and understanding throughout the process. I would definitely recommend this company.

    Posted 4 days ago

    Sanja K

    Very efficient and professional service.

    Posted 4 days ago

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 1 week ago

    Karen T

    Great service. Thank you.

    Posted 1 week ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 1 week ago

    Shanine M

    Excellent service, thank you so much!

    Posted 1 week ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 1 week ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 1 week ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 1 week ago

    Anonymous

    Great job done on my employment law

    Posted 1 week ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 2 weeks ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 2 weeks ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 2 weeks ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 2 weeks ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 2 weeks ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 2 weeks ago

    Zara M

    Rana at Redmans gave me support and confidence I needed to ensure a wrong, was put right. I couldn’t recommend enough.

    Posted 2 weeks ago

    Stuart T

    Chris provided an excellent service, he was efficient and friendly and I had no doubt when recommending him to my colleagues

    Posted 2 weeks ago

    Anonymous

    Excellent service, prompt responses. Chris Hadrill provided excellent and efficient service.

    Posted 2 weeks ago

    Jane M

    Wonderful solicitors who really listen to you and who are there to offer expert legal advice but they also have a personal touch and you really feel supported both from a legal aspect but also from a personal aspect. They really listen .

    Posted 3 weeks ago