Redundancy rights: An introduction
A redundancy is where someone’s employment is terminated or suspended due to a lack of business or because their position becomes unnecessary.
Employers are subject to certain requirements with respect to the process used to make redundancies, as well as redundancy pay.
If you have been made redundant, a solicitor can advise you whether your employer has complied with the law and what action you can take if they have not.
Before making redundancies employers must carry out a consultation with the workforce and try to find alternatives (for example, deferring graduate job offers).
When selecting staff for redundancy, employers must follow a fair, non-discriminatory and transparent process. If you are made redundant and your employer has not followed the legal requirements you could obtain damages for unfair dismissal of up to £72,300.
Of course, many people who have been redundant will feel that they have been treated unfairly. However, whether your employer has broken the law is a different matter.
Tribunal or compromise?
A solicitor will bring to bear their knowledge in this respect and, if appropriate, help you take legal action against your former employer through the Employment Tribunal, or to negotiate a settlement with them.
It is common for employers to try to come to an agreement with staff selected for redundancy so that they leave voluntarily. It is strongly advisable to consult a solicitor before signing such an agreement.
A solicitor will tell you whether your employer’s proposal is favourable considering your legal rights, including your right to redundancy pay. The assistance of a solicitor can also be a great asset in helping you negotiate a better settlement with your employer.
If you would like more information on redundancy rights, Caven can refer you to recommended specialist solicitors free of charge.
If you would like legal advice on your redundancy payment, call us on 08001 221 2299 or fill in the web-form to the right. We will put you in touch with employment lawyers specialising in redundancy rights advice.
- Last Updated on 18/02/2013
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