Jo Cullen from local solicitors Edwards Duthie Shamash explores employee rights in a redundancy situation, when you need to protect yourself from unfair treatment, discrimination and victimisation
A redundancy process can be stressful and difficult. If you are an employee about to be consulted, or you are in the process of being consulted about a potential redundancy, it is important you know your rights.
You have the right not to be unfairly dismissed. In a redundancy situation, this means you should be warned and consulted about the proposed redundancy. Your employer must adopt a fair basis on which to select for redundancy. An employer must identify an appropriate pool from which to select potentially redundant employees and must select against proper criteria.
Currently, the right not to be unfairly dismissed only applies to employees who have been employed continuously for two years or more at the termination date.
You have rights from day one of employment not to be dismissed for an automatically unfair reason (for example, because you have raised a whistle-blowing concern, a health and safety reason or for asserting a statutory right) or where your redundancy is due to discrimination due to any of the protected characteristics (sex, maternity or pregnancy, marital status or civil partnership, age, race, disability, sexual orientation, gender reassignment or religion or belief), victimisation or harassment or for less favourable treatment due to your fixed-term or part-time status.
If redundancy is confirmed, and you have been employed for two years or more, you have the right to take reasonable paid time off to look for other work or to arrange training. You will be entitled to your contractual notice subject to statutory minimum notice. You may be asked to work your notice, or you may be asked to go on ‘garden leave’ if your contract allows for the notice period. Alternatively, your contract may allow your employer to give you notice immediately and to pay you in lieu of your notice period.
If you have been employed for two years or more, you will have the right to receive a statutory redundancy payment calculated according to a formula based on your age, length of service (capped at 20 years) and a week’s pay (subject to a statutory limit currently £700 as of April 2024). If you unreasonably refuse an offer of suitable alternative employment, you may forfeit your right to a statutory redundancy payment.
An employment lawyer can guide employees through the redundancy process and you may wish to seek independent legal advice to ensure you are aware of your rights and any time limits to make a claim for unfair dismissal, discrimination or victimisation.
Edwards Duthie Shamash is located at 149 High Street, Wanstead, E11 2RL. For more information, call 020 8514 9000 or visit edwardsduthieshamash.co.uk
