I’m facing redundancy, what are my rights?
*PLEASE BE AWARE THIS IS AN OLDER POST AND THERE MAY BE A MORE UP TO DATE POST, OR UPDATED INFORMATION AVAILABLE ON https://www.citizensadvice.org.uk/ *
Issues at work can cause a huge amount of stress, especially when an employment situation is unstable. When facing redundancy, it’s important to be aware of your rights and ensure that you’re treated fairly during the consultation process.
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Your right to a fair process
If you’ve worked for your employer for 2 or more years, they must meet with you individually at least once before making a decision on redundancies. During this meeting, your employer should explain the reasons they are considering redundancies and why your role is affected. They should also inform you of any alternative options, such as moving you to a different role.
If your employer is considering 20 or more redundancies, this is classed as ‘collective redundancy’ and they must hold a group consultation. This must start at least 30 days before any redundancies take place.
If you are worried that your redundancy process is unfair, you can speak to your union representative or contact us for information.
Your right to a genuine redundancy
Your employer must ensure that any redundancies are genuine. This means that there is a real business reason, for example the jobs are no longer needed within the organisation, the workplace is closing, or your employer is going out of business or has less demand for its services.
If you feel that you have been selected for redundancy for an unfair reason, you can contact us for advice. If you’re a member of a union, you can also speak to your representative. You may be able to challenge the redundancy decision.
Your right to a correct notice period
If you’ve worked for the organisation for more than 1 month, you are entitled to a statutory notice period. The length of the statutory notice period depends on how long you’ve held the position. If you’ve been with your employer for more than 1 month but less than 2 years, the statutory notice period is 1 week. If you’ve been there over 2 years, it’s 1 week for each full year of service, up to a maximum of 12 weeks.
You may also be entitled to additional notice set out in your contract of employment. This is known as contractual notice. It cannot be less than the statutory minimum.
During your notice period, you’re entitled to reasonable time off work to look for a new job. If you are unsure whether your notice period is correct, you should speak to your employer in the first instance. You can also contact us for information and advice.
Your right to redundancy pay
You should be entitled to statutory redundancy pay if you’ve worked for your employer for 2 or more years and the redundancy is genuine. Statutory redundancy pay is based on your earnings before tax and the amount you’ll receive depends on your age. You can calculate the amount of statutory redundancy pay you may receive here.
You may also be entitled to contractual redundancy pay, on top of the statutory minimum. You can check your contract of employment or speak to your employer to find out more.
