Redundancy
Being made redundant is a huge blow in the current financial climate. Losing your job can have serious legal as well as financial repercussions, so it's helpful to know exactly what your legal rights are and how much you might be entitled to be paid. The credit crunch has seen a huge rise in redundancy, so seek legal advice. Your rights will depend on how long you've worked for your employer and why you've been dismissed. You may be entitled to:
- Wages for your notice period and holiday pay owed.
- Other contractual benefits for your notice period such as pension and car.
- The Basic Statutory Award. Contact us for details.
- Compensation if it is not a true redundancy. See below.
We are able to tailor our arrangements to suit your personal financial needs. THE OBJECTIVE IS TO RESOLVE YOUR EMPLOYMENT PROBLEMS AND, WHERE APPROPRIATE, ENABLE YOU TO OBTAIN COMPENSATION WITHOUT YOUR INCURRING LEGAL COSTS!
Dismissal
There are many reasons why your employer is allowed to make you redundant:
- your company is closing down
- the work you do is no longer needed
- your company is moving location
- it decides it needs fewer staff.
Your employer is allowed to dismiss you for serious misconduct but must not try to disguise this as a redundancy. It is the job that becomes redundant - not the worker. Make sure you know the real reason.
In cases where there are more than one affected employees in the same or similar positions, your employer should pool the employees together and apply a selection criteria based on fair principles.
In order for any dismissal by reason of redundancy to be fair, you should be given as much notice as possible that your position is at risk of redundancy; consulted about the situation and considered for any suitable alternative position before any final decision is taken.
Your employer isn't allowed to get rid of you on the grounds of sex, pregnancy, race, disability or trade union membership.
The statutory dismissal procedure should also be followed allowing you to state you case at a dismissal meeting. At this meeting, you have a right to be accompanied by a fellow employee or trade union representative. You should have the right to appeal any decision to dismiss.
If 20 or more employees are proposed to be made redundant, your employer must follow a statutory consultation process for a minimum period of time with employee representatives as well as individuals.
If you are unsure whether you have been fairly dismissed, contact us on 0118 9559613.
If you feel you've been unfairly dismissed - or you don't agree with your redundancy payout - you can take your employer to an Employment Tribunal.
Alternative job
If you're made redundant you could qualify for Statutory Redundancy Pay - this is the basic legal minimum.
You can lose the right to statutory redundancy pay if you reject a suitable alternative job. Whether a job is suitable will depend on the terms - for example, hours, location, and pay. You have the right to a trial period in an alternative job and can still take redundancy if you or your employer decides it isn't working out.
How much statutory redundancy pay you'll get depends on your age, your weekly pay (capped at £350.00) and how long you've worked for the company (see table).
Your company may well offer a better redundancy package than the statutory minimum. If you haven't got a pre-arranged agreement, it would be worth trying to negotiate a deal. You might even be able to get extras thrown in like your computer, company car or mobile phone. You might also persuade them to pay for private careers advice.
Compensation
A Tribunal can order an employer to give you your job back, but will usually make them pay you compensation.
The maximum is ££66,200 plus an allowance for each week's pay lost up to a limit of £350 a week. This cap is raised each year in line with inflation. You can't claim for more than 20 years service.
You generally have to have worked for a company for 12 months to be able to take a case to a tribunal - but there are exceptions to this rule.
In cases of discrimination and for health and safety issues you can complain from your first day.
Generally you have three months from termination to take action.
So, if you have been made redundant or are likely to be so please contact us for help. Information on this website does not constitute legal advice.
A refundable fee of £70 is required for the interview. This will be credited against your final account should the matter proceed further. If the matter does not progress any further the fee is retained to pay for the interview.