All employers, regardless of the size or nature of their business, have legal guidelines that they have to follow when making their staff redundant.
There must be a genuine need for redundancy and your employer must use a fair selection process to identify the staff to be made redundant. While it is legal for an employer to select recently employed staff for redundancy, they cannot select you because of your age, religion, sex etc., as that would be discrimination. Neither can they specifically select part-time employees or use pregnancy or maternity as a reason to make you redundant.
Before making you redundant, your employer should offer you alternative employment, should there be suitable jobs available. If this has not happened, it can be classed as unfair dismissal.
If your employer uses an unfair selection procedure when making redundancies, it could be considered unfair dismissal and you could have a claim for compensation.
You must have worked for your employer for at least 2 years to be able to claim statutory redundancy pay. The redundancy process your employer should follow will depend on the size of the organisation.
Less than 20 employees:
Your employer should consult with you before they take any action. If you have already been made redundant without consultation, you could be entitled to claim for unfair dismissal.
More than 20 employees:
If there are more than 20 people working at the same site, your employer has to follow a formal procedure, which will involve consultations with trade unions or employee representatives before redundancy notices can be issued. If your employer fails to do this, an employment tribunal could order them to pay additional compensation for failing to follow the proper procedure.
In the case of discrimination, there is no minimum period of employment required before you are entitled to compensation.
How we can help
Our highly experienced team of employment law specialists can offer you all the support and guidance you need if you think the proper redundancy process has not been followed or has been unfair, whether you are facing redundancy or have already been made redundant.
If you would like more information or just want a confidential chat about your options, contact our highly experienced team today.