Employee Rights During Redundancy: What Every Worker Should Know

Facing redundancy is an emotionally charged and uncertain time for many workers. While the prospect of losing one’s job is daunting, understanding your rights during this period can provide some clarity and assurance. As an employee, it’s vital to be informed about the protections in place for you during the redundancy process. This guide aims to empower you with the knowledge you need, ensuring you navigate redundancy with confidence and understand your entitlements.

1. What is Redundancy?

First and foremost, it’s essential to understand what redundancy means. Redundancy arises when an employer decides to reduce their workforce because a role is no longer needed or due to economic challenges. Importantly, redundancy is about the job role and not the performance of the individual occupying that role.

2. Consultation Rights

• Individual Consultations: If you’re at risk of redundancy, your employer must hold a consultation with you. This gives you the chance to discuss the reasons for the redundancy and any alternative options available.
• Collective Consultations: If your employer is considering making 20 or more employees redundant within 90 days, they must carry out a collective consultation involving representatives of the affected employees.

3. Fair Selection Process

Your employer must use a fair and objective method when selecting employees for redundancy. Common criteria include:

• Length of service (‘last in, first out’)
• Skills, qualifications, and aptitude
• Attendance and disciplinary records

However, you cannot be selected based on discriminatory reasons such as age, gender, race, disability, or pregnancy.

4. Notice Periods

If you are being made redundant, you’re entitled to a notice period:

• At least one week if employed between one month and two years.
• One week for each year if employed between two and twelve years.
• Twelve weeks if employed for 12 years or more.

5. Redundancy Pay

If you’ve been with your employer for two years or more, you’re typically entitled to statutory redundancy pay. This is calculated based on your age, weekly pay, and number of years in the job.

6. Alternative Job Roles

Before making redundancies, employers should consider whether there are alternative roles within the organization that affected employees could fill. You have the right to be offered any suitable alternative vacancy that arises during your notice period.

7. Time off to Seek New Employment

If you’ve been continuously employed for two years by the end of your notice period, you’re entitled to a reasonable amount of time off to look for another job or to arrange training to help you find another job.

To read more about maintaining your Emotional Well-Being During Redundancy – click here

8. Unfair Dismissal

If you believe you’ve been unfairly selected for redundancy or your employer hasn’t followed the correct procedure, you might be able to make a claim for unfair dismissal. However, it’s essential to seek advice and act quickly as there are time limits for lodging such claims.

Conclusion

Facing redundancy can be challenging, but being informed about your rights can make the process more manageable. Remember, it’s always advisable to seek guidance from professional bodies or legal experts if you’re unsure about any aspect of your redundancy rights. By understanding your entitlements and protections, you can navigate this difficult period with confidence and resilience.