While there may be justified reasons for making you redundant, your employer must follow procedures as set out by employment law. Otherwise, if you have more than two years of service, your dismissal may be unfair. For example, if your employer is reducing staff numbers in a particular role within the business, they must:
identify a suitable pool from whom to select
use a fair selection criteria to decide who from the pool will be made redundant
consult with each employee meaningfully about any possible alternatives to redundancy
consult with Trade Unions/Staff Representatives if over 20 redundancies are contemplated
Failure to comply with employment law procedures means a claim can be made and may result in an employment tribunal finding the dismissal to be unfair. If the tribunal agrees that the dismissal is unfair, damages are normally awarded.
Prior to issuing a claim you need to contact the conciliation service ACAS to commence Early Conciliation (EC). If EC is unsuccessful you will be given a Certificate Number, which you will need to put on the ET claim form you submit to the Tribunal. The actual deadline to commence a claim in the Tribunal will depend on when you start EC and the date the certificate is issued.
If you have been in your job for more than two years, your length of service, age and salary will affect how much statutory redundancy pay you will be due. You are also entitled to be paid in lieu of any unused holiday, and compensation for failure to pay notice, if you are not given the correct amount of notice.
Our specialist advisers provide expert legal advice and help if you’re faced with redundancy. We can advise you on employment law and the grounds for redundancy and guide you when taking action for unfair dismissal.
The Which? specialists advisers offer individual, jargon-free legal advice in answer to your redundancy questions.