Redundancy FAQs for employees

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

You’re only entitled to statutory redundancy pay if you have a minimum of 2 years’ continuous service with your employer. Some employers may go beyond their legal obligations and offer a payment to those with less than 2 years’ service but this is up to their discretion.  Your employer may have a redundancy policy in place which you can review to see whether they offer redundancy pay in such circumstances.

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

There is 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.

Should I be considered for a lower-level vacancy?

As part of the redundancy process,   your employer should give consideration to whether there is any suitable alternative employment within the business for you, or otherwise the redundancy dismissal might be unfair. They must make reasonable efforts which includes 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 to ensure it is considered.

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 weeks’ 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 to determine what you would be entitled to. Employers may also 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 of 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, they do benefit from some additional protection. 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. Employees are protected from the date they tell their employer they are pregnant up until 18 months after the baby’s birth.

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.

If you still have any questions in relation to the redundancy process and your rights, please feel free to contact a member of our employment team who can assist you.

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.