Redundancy

If you have been made redundant you may feel that it was unfair, that someone else other than you should have been selected for redundancy, that your position was not genuinely redundant or that there was a lack of consultation with you. If that is the case you may have a claim to the Employment Tribunal that you were unfairly dismissed.

Employers are required to consult with employees in respect of a redundancy situation. The consultation extends further than merely looking for suitable alternative employment. It should involve considering ways of reducing the need to make redundancies and reviewing those positions/people who have been highlighted as potential redundant and asking if others should be included. Also where the employer is required to choose employees to be made redundant from a pool of other employees performing the same or similar roles, the employer is required to consult as to how those to be made redundant are to be selected.

The process should not one of consultation and not merely information.

If you are made redundant and have been with your employer for over 2 years you are entitled to a redundancy payment. There is a statutory formula to calculate what that payment should be or you may have a contractual right to a payment greater than the statutory entitlement. The statutory entitlement is calculated with reference to your age, length of service and rate of pay.

If you have been made redundant and you consider that it was unfair or have queries regarding your payments please contact Andrew Moore, andrew.moore@clough-willis.co.uk for a free initial consultation.