Search

How can we help?

Icon

Redundancy FAQs for employees

  • I have only worked for my employer for a short time, am I entitled to redundancy pay?

 Only employees with a minimum of 2 years’ continuous service with their employer are entitled to statutory redundancy pay. Some employers may go beyond their legal obligations and offer a payment to those with less than 2 years’ service.  You should, therefore, check your employer’s policy and terms on this.

  • Can I bring someone with me to a redundancy consultation meeting?

 There is in fact no legal right to be accompanied to a redundancy consultation meeting. However, employers who deny their employees the chance to be accompanied could in some circumstances be at risk of being found to have followed an unfair redundancy process. Employers would therefore be sensible to allow such requests, especially where the request is reasonable. Usually you would be expected to bring a colleague or trade union representative where you want to be accompanied.

  • Should I be considered for a lower-level vacancy?

 A redundancy dismissal is likely to be unfair if the employer gives no consideration to whether there is any suitable alternative employment within the business for you. They must make reasonable efforts to look for alternative employment. Reasonable efforts include providing employees with sufficient information about vacancies so that they can make their own informed choices. Employers should not assume that you would not be willing to consider a role because it offers a lower level of pay or responsibility. However, where you are open to lower-level roles, it is worth making this known to your employer during the consultation process.

  • What notice period am I entitled to?

As a minimum you will be entitled to the notice as prescribed by statute. That being at least 1 week if you have been employed between one month and two years. Once you have worked for your employer for two years, you are entitled to at least 1 week’s notice for each full year of continuous employment, up to a maximum of 12 weeks. However, some contracts provide for a contractual notice period which is longer than this. You should therefore check your employment contract. Employers may look to make a payment in lieu of you working your notice period.

  • Am I entitled to appeal a redundancy dismissal?

 Employers do not have to offer a right of appeal in relation to a redundancy dismissal. However, in certain circumstances, denying an employee the right to appeal may affect the fairness of the redundancy process. Therefore, employers are generally advised to accommodate an appeal. If nothing else, it could help solve any issues that may otherwise result in tribunal claims.

  • Can I take time off to look for other work?

Yes, employees who have at least two years’ continuous service and have been given notice of dismissal by reason of redundancy, have a legal right to take a reasonable amount of time off to look for other opportunities. The right to be paid for this time off is capped at 40% of a week’s pay.

  • I am on maternity leave, can I be made redundant?

Yes, employees on maternity leave can still be made redundant. However, employers cannot use selection criteria which discriminate on the grounds of maternity (amongst other things). By way of an example, where attendance records are included as a selection criterion, maternity related absences should be discounted for scoring purposes. Those on maternity leave who are at risk of redundancy also have an automatic right to be offered any suitable alternative vacancies.

Only employees with a minimum of 2 years’ continuous service with their employer are entitled to statutory redundancy pay.

  • Will past sick leave affect my chances of being made redundant?

High levels of absence can make you more likely to score lower against the employer’s selection criteria where absence levels are one of the criterions. However, employers need to be careful not to discriminate against those whose absences stem from a disability. Therefore, where your absences stem from a disability as defined by the Equality Act 2010, these should be disregarded for scoring purposes.

  • If I accept voluntary redundancy am I still entitled to a redundancy payment?

Yes, those who volunteer and are accepted for voluntary redundancy will be entitled to the usual statutory redundancy pay provided they satisfy the eligibility criteria for statutory redundancy payments. Sometimes employers will incentivise employees to volunteer by offering enhanced redundancy payments to those who take voluntary redundancy.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 01 June 2023
  • Employment

Facts employees should know about their personal data

We previously published an article on facts an employer should know about holding personal data, so it is only fair that we also write about the other side of the coin – facts employees should know as individuals whose personal data is held by their employer.

art
  • 01 June 2023
  • Immigration

What is the Immigration Skills Charge (ISC) and how much do you have to pay?

The Immigration Skills Charge (ISC) is a levy on companies who sponsor migrant workers. This levy was imposed on 6 April 2017. The Government states that the charge has been levied to contribute towards addressing the skills gap in the local economy.

art
  • 26 May 2023
  • Employment

Avoiding discrimination in flexible working requests

The right to request flexible working is currently available to employees with at least 26 weeks’ service and is set to be extended further under new Government reforms.

art
  • 25 May 2023
  • Corporate and M&A

Management Buyout – Top 5 things to consider

A management buyout is a financial transaction in which a member of the management team purchases the company from its registered owner. MBO’s usually occur in private companies in an effort to enhance profitability and simplify strategies.

art
  • 25 May 2023
  • Employment

Carer’s Leave Bill set to become law

On 19 May 2023, the Carer’s Leave Bill had its third reading in the House of Lords, and upon receiving Royal Assent, will become law. There is not yet a date for the implementation of this bill, however it is likely that this will happen relatively quickly upon receiving Royal Assent, so is definitely one to keep an eye on.

art
  • 18 May 2023
  • Immigration

Navigating SOC Codes

When it comes to UK immigration, understanding the intricacies of the system is vital. One significant aspect of the process revolves around Standard Occupational Classification (SOC) codes. SOC codes play a crucial role in determining the eligibility for an individual to apply for a work visa, assessing skill levels, and matching individuals to appropriate job roles.