The potential of being made redundant because of factors outside of your control is a scary reality of employment. Manak Solicitors have stood by employees of all levels during this difficult time and have helped many people mediate matters with their employer to get the best possible outcome for them.
This page will clearly outline the concept of redundancy, how and why it happens, and how we can help you if you are at risk of being or have been made redundant.
What is redundancy?
Redundancy is different to dismissal in that for an employee to be made redundant, their position must no longer exist or there is a diminished need for it. This could be for a number of reasons, including loss of revenue, a need to reduce costs, restructures or a closure to the business. Essentially, redundancy is based on the position, not the employee.
Employees who have worked a required length at an organisation, usually passing a probationary period, have specific rights when it comes to redundancy:
- Redundancy pay
- Redundancy notice period
- Consultation period before a final decision is made
- Time off to look for new employment
The decision whether or not to accept the offer of voluntary redundancy made by an employer has to be made by the employee, taking into account their circumstances and what is being offered to them.
Our experienced team of employment solicitors can advise you on how fair the deal is and how you should proceed, keeping your best interests in mind.
Risk of redundancy and first steps
Employers are legally obligated to engage in a redundancy consultation process with an employee before making them redundant; being informed that you are at risk does not automatically make you redundant. This is to give context behind the decision and to weigh up any alternative courses of action.
Our team of employment solicitors can help you make the best of this time, putting yourself in a robust legal position and setting yourself up for the best possible outcome. Contact us as soon as you are made aware of any risks of redundancy so we can assist you in establishing a fair process.
Notice of redundancy
Employees being made redundant have the legal entitlement to a preliminary notice period based on their time at the organisation:
- 1 week – 2 years: At least 1 week
- 2 – 11 years: 1 week for each year of employment after the second year
- 12+ years: 12 weeks
Similar to the notice period, redundancy payment is dependent on how long they have worked at the company. There are other factors in play here as well, such as age at termination date, as well as any other existing contractual arrangements.
This is where seeking expert legal advice is integral. Negotiation and ensuring the best pay out during the difficult period of redundancy sets you up for the next step in your career and eases the financial burden of the immediate future. Manak Solicitors will support you with these negotiations to make redundancy as painless as possible.