If you have been made redundant (or think you might be made redundant) there are specific rules your employer must follow and you may be entitled to redundancy payments.
Ingrams Solicitors Employment Law department have the expertise and experience to assist you when you face redundancy and when we work on your behalf you can be assured you will receive everything you are entitled to. If you would like to speak with an employment law solicitor about your redundancy click our Call Back link at the right.
Whilst every situation is different, there are laws which can protect you if you have been made redundant. Below are a number of common questions about the laws regarding redundancy and your rights:
There are 3 genuine redundancy situations that an employer can rely on. Firstly, the employer’s business, or a part of it, could cease to operate (job redundancy). Secondly, the employer’s place of business could move (place of work redundancy), and thirdly the business’ need for employees to do work of a particular kind may have ceased or diminished (employee redundancy).
2. My employer is considering making redundancies. What notice will I receive?
Your employer is under a duty to give notice to employees of potential redundancies, and to consult with them. The statutory minimum notice period is one week for employees with 2 years’ service, and an extra week for every year’s service thereafter, up to a maximum of 12 weeks. They must follow a fair and reasonable procedure when making employees redundant, which involves sending a written notice of the pending redundancy, holding a meeting with those affected, and providing them with a right of appeal if they disagree with the decision to make the redundancy.
3. I am being made redundant at work. What will my redundancy payment be?
If you have two years’ continuous service your employer must pay you at least the statutory minimum, which is calculated as follows. You will receive 1.5 weeks pay for every full year worked whilst 41 and over. You will receive 1 weeks pay for each year worked between the ages of 22-40 and 0.5 weeks pay for each year worked under the age of 22. The statutory maximum weekly wage is £350 (as from 01/02/2009), with a maximum 20 years service included in the calculation.
If your employer moves premises and you refuse to follow this will be a redundancy, as you will no longer have a place of work. Whether your employer can force you to move to new premises will depend upon whether your contract of employment incorporates an express mobility clause, and the reasonableness of the clause. If the clause is reasonable and you unreasonably refused to move to the new premises you will lose your right to a redundancy payment.
Yes, the Employment Rights Act 1996 provides a 28-day statutory trial period for you to try out any alternative job offered by your employer to see whether it is acceptable to you. If you are unhappy or feel that the new role is unsuitable for you then they must inform your employer within the 28 day trial period in order to still be able to claim any redundancy pay. If however you continue with the alternative job beyond the 28 days, even for one additional day, you will lose your right to statutory redundancy pay (unless both you and your employer have agreed to extend the time period in writing before the end of the 28 day period).
If you have been continuously employed for 2 years by the date your notice expires, you are allowed a reasonable amount of time off with pay during your notice period to look for another job or arrange training. Your employer only has to pay you up to two fifths of a week’s pay for it, so if you work 5 days a week and take 4 days off in total during the whole notice period, your employer only has to pay you for the first 2 days.
What to do next
Our employment law experts are available to help you with matters relating to redundancy. If you wish for us to ring you back, click on the “Call Back” button above, and a member of our team will contact you. In the event you have additional details you wish to provide now, please use the form below. In either case, we will ring you at no cost or obligation.
