If your employer makes you redundant you may have a redundancy claim and you will be concerned about what your redundancy rights are. An employer might consider making you redundant because it is closing down the business,
We also offer a low fixed-fee service for claims assessment. For a fee which amounts to less than an hours work for most High Street solicitors we’ll review your case and advise you on whether you have a claim. If we subsequently win the case we’ll deduct the Pre-Claim Review fee from our success fee, so you won’t be out of pocket.
We can even help you if you’ve already started your claim in the Employment Tribunal. For a fixed fee we’ll review your claim and give you advice on drafting, tactics and procedure. And on top of that we’ll give you three months of support as your claim goes on, to maximise your chance of succeeding.
You won’t find any other employment solicitor who offers something of equivalent value for less (and if you think you have found an equivalent alternative product, talk to us as we’d love to know and we’re keen to remain the most competitive claimant employment law practice in the market).
closing your particular workplace, or because the requirements of the business for employees to carry out work of a particular kind have diminished, but if this is done incorrectly or unfairly there may be a claim.
If you think you may have been unfairly selected for redundancy or made redundant, our expert redundancy solicitors can advice you on the steps you need to take.
Can A Redundancy Be An Unfair Dismissal?
Yes. Although redundancy is one of the potentially fair reasons for dismissal your employer may believe that there is a redundancy situation, when in fact no genuine redundancy situation exists according to the law, or the way in which you have been selected for a redundancy and made redundant could be unfair because your employer has not acted fairly in all the circumstances. You may be able to make a redundancy claim if this is the case.
Carrying out a fair redundancy process requires your employer to ensure that there has been a fair selection process, adequate consultation and consideration of alternatives to dismissal.
What Are My Redundancy Rights?
In cases of a genuine redundancy if you have been continuously employed for 2 years or more and you are made redundant then you will be entitled to receive either the minimum statutory redundancy payment or if your employer has an enhanced contractual redundancy policy then you are entitled to receive the higher redundancy payments which have been agreed.
In addition, you are entitled to receive your contractual or statutory notice period, whichever is the greater, and to have a statutory right to reasonable time off during working hours to look for new employment or to make arrangements for training for future employment.
If you are offered suitable alternative employment then you may lose your right to a redundancy payment if you have unreasonably refused that offer. You will be entitled to a 4 week statutory trial period during which you can assess and decide that you do not wish to continue in that new job but to leave and accept your redundancy payment instead. However, if you decide to reject the alternative employment either before or during your trial period then you may lose your right to a redundancy payment if your decision is found to be unreasonable.
Redundancy dismissals can become quite complex and you should take specialist advice if you are affected by a redundancy situation. We will be able to advise you about whether your redundancy could be unfair such that you might have a claim.