Introduction
In the UK, employees facing redundancy / being made redundant have several important rights that protect them throughout the redundancy process. These rights are enshrined in employment law, mainly the Employment Rights Act 1996.
Act 1996.
The law referred to is correct as at 23 September 2024.
An overview of the key rights employees have during redundancy:
1. Right to Consultation
Individual or collective: Employers must discuss the redundancy with affected employees or their representatives, explaining reasons and exploring alternatives. For 20 or more redundancies, a collective consultation is required.
2. Right to a Fair and Objective Selection Process
Employers must use clear, non-discriminatory criteria (e.g., skills, performance) to choose who will be made redundant, avoiding bias based on age, gender, race, etc.
3. Right to Statutory Redundancy Pay
Employees with two or more years of continuous service are entitled to a lump-sum payment based on age, length of service, and weekly pay, with specific caps applied.
4. Right to a Notice Period
Employees are entitled to a notice period based on their length of service, ranging from one week to 12 weeks, or compensation instead of notice if the employer chooses.
5. Right to Time Off to Look for a New Job
Employees with at least two years' service can take reasonable time off during their notice period to search for another job or attend interviews.
6. Right to Be Offered Suitable Alternative Employment
If there are other roles available within the organisation, the employer must offer them. Employees can have a 4-week trial in the new role and can still claim redundancy if it’s unsuitable.
7. Right to Appeal the Redundancy Decision
Employees can challenge the redundancy if they believe the process was unfair, flawed, or discriminatory by lodging an appeal with their employer.
8. Protection from Unfair Dismissal
Employees with two or more years' service can claim unfair dismissal if the redundancy is not genuine, improperly handled, or if discrimination occurred during the process. This can be pursued through an employment tribunal.
Understanding your redundancy rights is crucial to protecting yourself during uncertain times. If you believe your redundancy is unfair or has been handled incorrectly, don't hesitate to seek professional advice. Staying informed can help you manage this transition and move forward to new opportunities with greater clarity and security.
Call the specialist employment lawyer
Magara law is an employment law firm in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information or to our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.
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