When you face redundancy you have several legal rights to ensure that you’re treated fairly. Speaking to an experienced redundancy solicitor could save your job, or at least ensure that you obtain the redundancy payment you are entitled to.

A redundancy situation arises when your job ceases to exist. This could be due to your employer closing or moving an office, ceasing trading altogether or because there is a reduced need for employees to carry out work of a particular kind. There are several steps involved in a redundancy process that your employer needs to follow. If your employer has made you redundant without following a fair procedure you may be able to bring an unfair dismissal claim.

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It is also important to note that if you are facing redundancy, you will be entitled to challenge the reasons why you have been chosen. Employers must use an objective selection criteria, applied in a fair way, when selecting employees for redundancy. If you believe that the selection criteria used to make you redundant was unreasonable or discriminatory you should contact us.

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How much redundancy pay should I get?

If you have been with your employer for at least two years, you are entitled to a statutory redundancy payment. How much you will receive, however, depends on your age and your length of service:

  • Half a weeks’ pay for each complete year of service that you were under the age of 22 at the beginning of the year
  • One week’s pay for each complete year of service that you were aged between 22 and 40 at the beginning of the year
  • One and a half weeks’ pay for each complete year of service you were aged 41 or over at the beginning of the year

There is a cap applied to your week’s pay and an overall cap on the statutory redundancy payment. However, in addition to a statutory redundancy payment, your contract may entitle you to an enhanced redundancy payment. It is important to check your employment contract to confirm your entitlement.

Can I challenge my redundancy?

If your employer has followed fair procedure in selecting you for redundancy, your employer can fairly dismiss you for that reason. If you believe your employer has not followed fair procedure, or it is not a genuine redundancy you can challenge your redundancy. To challenge your redundancy you would bring a claim of unfair dismissal against your employer. This would involve contacting ACAS to commence early conciliation in order to try and resolve the dispute and, if it cannot be resolved, submitting a claim to the employment tribunal.

It is important that you receive clear and effective advice if you are going through a redundancy process or you have been made redundant. We can review your circumstances and advise you on all of your options. Call us today on 01454 800 008.

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