If your employer is making redundancies then it can be a stressful time, not knowing whether you will be selected for redundancy or worrying what you will do if you are made redundant.
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Regardless of the reason for the redundancies your employer is still obliged to follow certain steps and make sure that the process is fair and reasonable.
What does a fair and reasonable redundancy procedure look like?
The first step is to consult with the staff affected by the redundancy. This means that the redundancy should be explained to you and that you should be given the opportunity to come up with ideas to avoid redundancies for example, you may agree to job share, or to all to take a temporary (or even permanent) reduction in hours, you may even have cost-saving ideas that could see redundancies reduced or avoided. Depending on how many people are set to be made redundant will decide the length of the consultation period.
Where there is to be a reduction in the number of people needed in a team, then your employer will need to come up with a fair selection process. This should be a set of criteria against which all those at risk of redundancy should be scored. Those employees who score the lowest will then be selected for redundancy. The criteria should be as objective as possible so usually this will include things like attendance, performance (where it can be measured), qualifications, and disciplinary record.
If you are going through a redundancy process then you should be given reasonable time off to look for work to attend interviews for example.
What will I be paid if I am made redundant?
You will be entitled to a redundancy payment which is calculated based on your age, length of service, and gross weekly wage (subject to a cap of £489 for redundancies after 5th April 2017).
You will also be entitled to a period of notice which you may be paid in lieu of which is 1 week for every full year you have been employed for unless your contract of employment provides for a longer period.
At the end of your employment you should be paid for any annual leave you have accrued but not taken up to the end of your employment.
What if the redundancy procedure my employer followed isn’t fair or they don’t pay me my redundancy money?
If you have concerns over the redundancy process and feel that your selection is unfair, perhaps because you disagree with the scores you were given, that your role is not actually redundant, or because you feel your selection for redundancy is discriminatory, then the first step is to appeal. If following the appeal you are still in the position of having been made redundant, then you will need to start the process of making a claim to the Employment Tribunal by registering with ACAS for Early Conciliation.
If you do not get paid your redundancy payment then if you are unable to resolve this direct with your employer then you will need to register with ACAS for Early Conciliation. If your employer is insolvent and cannot make the payments then you should contact The Insolvency Service who will process your claim for a redundancy payment.
Do you want to discuss your claim further?
Our specialist employment team have expertise in all areas of employment law. These areas include Discrimination Claims, Contract Disputes and Settlement Agreements.
Contact us today so that we can assess whether you have grounds for further action before it is too late. To get in touch with our employment team, fill out our online claim enquiry form or by calling 01246 266867.
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