If you’re at risk of redundancy or have been made redundant, there are employment laws to ensure you’re treated fairly. Talking to a specialist solicitor could save your job, make sure you receive your entitled redundancy pay or help you claim for redundancy.
Being made redundant isn't the same thing as being sacked. It isn't a result of anything you've done wrong, and it should only happen when your role is ceasing to exist.
There are several rights you should be made aware of if you're facing an impending redundancy, and the onus is on your employer to make sure you are treated fairly and receive everything you are due. This ranges from exploring the option of alternative employment where possible, to making sure you receive the full financial package that your years of service have earned you.
It's also important to understand that if you're facing redundancy, you may be able to challenge the fact that you've been selected, if you believe this has happened due to discrimination rather than for some fair and objective reason.
If you've been notified that you're about to be made redundant, speak to one of our experienced redundancy solicitors today. We can make sure you understand your rights, as well as help to make sure you receive fair treatment and the financial package you're entitled to.
To speak to one of our experienced employment solicitors about an impending redundancy, call us on 0330 041 5869 or contact us online and we'll call you.
What is an example of unfair redundancy?
If the entire workforce is being made redundant because the site you work at is closing, selection isn't really an issue. However, if only a certain percentage of the workforce is being made redundant, you've the right to question the basis on which you have been selected.
Employers are entitled to use objective factors such as disciplinary records or worker appraisal scores in their selection process. But they're not entitled to discriminate on the basis of age, sexual orientation, marital status, gender, race, disability, religious beliefs, membership of a trade union, maternity or paternity leave, pregnancy, working pattern or whistleblowing.
If you believe that you've been selected for redundancy due to unfair discrimination, call us on 0330 041 5869 or contact us online and we'll call you back.
How much notice of redundancy do I get?
The law demands that you receive a proper notice period before being made redundant. These are currently:
At least a week if you've worked for your employer for between one month and two years
One week for each year if you've been employed for between two and 12 years
12 weeks' notice if you've been employed for 12 years or more
Your employment contract may specify more than this statutory minimum, but it can't specify less. Your contract may also state that your employment can be ended without notice if 'payment in lieu of notice' is given instead. This means that, for example, if you should have received 12 weeks' notice but received none, you would be entitled to 12 weeks' pay, in addition to any redundancy payments that you're owed.
Does there have to be a consultation period?
The law says that you have a right to 'consultation' with your employer if you're about to be made redundant. This is your chance to hear the reasons behind your redundancy, and to discuss the possibility of alternatives to this route, such as re-deployment or re-training. If your employer hasn't offered you any consultation, you may be able to take your case to an employment tribunal.
In this video, our employment law specialist, Doreen Reeves, answers common queries relating to redundancy payments, the process, and what to do if you believe your redundancy is unfair.
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How much redundancy pay should I get?
Under UK employment law, you're entitled to statutory redundancy pay if you've been with your employer for at least two years. How much you'll actually receive depends on your age:
Half a weeks' pay for each full year of employment in which you were under the age of 22
One weeks' pay for each full year of employment between the ages of 22 and 40 inclusive
1.5 weeks' pay for each full year of employment in which you were not below the age of 41
These weekly payments are capped at £643, and the maximum amount of statutory redundancy pay is limited to £19,290. These are statutory amounts though, and it's possible that your contract will entitle you to receive more than this. It's also good to know that if your total redundancy package comes to less than £30,000, the whole amount is tax-free.
It's very important that you get all the money you're owed if you're being made redundant, as it may have to last for a while until you find another job. If you're being made redundant, make sure you're getting all the rights and redundancy payments you're entitled to by law. Call us on 0330 041 5869 or contact us online and we'll call you.
Why choose Slater and Gordon’s redundancy solicitors
Dealing with redundancy can be complex and stressful. Our dedicated solicitors understand how challenging this time can be and are well equipped to support you every step of the way, from protecting your rights to potential escalations. Our team of redundancy solicitors have an outstanding track record, and many have received recognition from esteemed legal publications such as Chambers and Partners, and the Legal 500. With a wealth of experience and expertise, we’ve supported employees and partners through each step of the redundancy process, including:
Initial discussions with your employer
Appealing redundancy decisions
Handling the grievance process
Pursuing settlement agreements
Making a claim at an employment tribunal
Whether you work for a small business or a large corporation, we’re here to support you. Our empathetic team will be by your side, ensuring you understand your rights and fighting to secure the best possible outcome.
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you!
V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue.
D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service.
H L (employment case)
We are an award winning law firm and have a dedicated team of employment solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We're able to offer affordable expert legal advice and can provide guidance on all aspects of employment law. Our Initial Consultation provides tailored advice on your situation giving you clear guidance and options regarding next steps.
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We understand that employment situations differ – so we are able to provide tailored advice and guidance to suit your individual needs.
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We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
There are circumstances in which an employer may not have to pay redundancy, and you lose your right to pay. This could happen if:
You wish to leave your job before it is due to end
You turn down a suitable alternative job your employer has offered without good reason (good reasons could include unsuitable working hours, lower pay or a requirement to travel to a different location)
You are fired for gross misconduct before your current role ends
However, if you’ve worked for your employer for at least two years, have not been offered alternative employment or have turned down another job for a good reason, you should be entitled to redundancy pay.
Can I refuse a redundancy offer?
If your employer has informed you that they are making your job role redundant, they should attempt to offer you suitable alternative employment. You have the right to refuse this job offer, however if you do so unreasonably, you may also be giving up your right to a redundancy payment.
Reasonable objections to alternative employment may include:
Lower pay
Longer or different working hours that affect your personal life or childcare arrangements
Longer commutes or more costly travel if the new role is based in a different location
Health issues
If your employer offers you alternative employment in a different location, you should check whether your employment contract contains a mobility clause. This clause means that your employer can ask you to work in locations that differ from your current work site, which means you may not be entitled to redundancy pay if you refuse a job offer on the basis of location.
Do I need to tell HMRC if I’m made redundant?
If you are already receiving benefits, including tax credits or Universal Credit, you should report your redundancy to the HMRC and declare any redundancy pay that you have received.
Can I be made redundant if my job still exists?
No. Legally speaking, your employer cannot make you redundant if the job still exists, or if they are planning to hire someone else to fill the same role. This is because redundancy, as the name suggests, can only be used where the job or jobs are no longer required (hence, redundant). It has nothing to do with the person completing the job.
If you’ve been made redundant unfairly, you could be entitled to make a claim against your employer. Speak to our redundancy solicitors today to learn more.
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you! V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue. D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service. H L (employment case)