Redundancy is a common and potentially fair reason for dismissal.
Employers sometimes label a dismissal as being by reason of redundancy, but in fact their situation does not meet the definition of a true redundancy. This can lead to claims of unfair dismissal.
A genuine redundancy dismissal ought to involve full and transparent consultation and a fair procedure. If you anticipate you will be made redundant, are put on notice your role is at risk of redundancy or have already been made redundant, our Employment team can assist by:
- advising on the process your employer has followed
- whether your dismissal has been fair
- whether you have received the appropriate entitlements
- whether your role being at risk could relate to an acquisition of your employer, thereby providing you with greater protection
- whether your selection for redundancy is discriminatory.
If you have two years continuous service, you are entitled to a statutory redundancy payment on top of notice pay and any accrued but unused holiday pay. Some employers offer enhanced redundancy packages and can ask you to sign a settlement agreement to receive these.
If 20+ or 100+ individuals in the same place of work are at risk of redundancy and may be dismissed in a 90 day window, this is referred to as a collective redundancy and places additional obligations on the employer as part of their redundancy process. If an employer is in breach of these additional requirements, compensation may be payable to each affected employee.