Being made redundant is an uncertain and stressful experience.
Unfortunately, in the current economic climate, many employers are having to make tough decisions including downsizing their workforce to ensure they are able to continue to operate effectively.
With redundancies on the rise across the UK, it is no wonder that working people in Essex are fearful about the security of their jobs and their futures.
It may feel like the threat of redundancy is looming larger than ever, and that any day you could be forced out of your job.
However, it is important to remember that your employer has strict obligations to you, and that you have certain rights when it comes to redundancy.
If you have been made redundant without a proper consultation or been unfairly selected by your employer, you can claim compensation for unfair dismissal.
When is redundancy reasonable?
Your employer must have a valid reason for making you redundant.
Valid reasons include:
- The introduction of new technology or a new system which has made your job unnecessary.
- The job you were hired for no longer exists.
- Staff numbers must be reduced to cut costs.
- The business is closing down or moving.
There are rules and procedures that your employer must follow, including holding a collective consultation with employees and a fair redundancy selection process.
If you are at risk of being made redundant, your employer should consult with you about the business case for redundancies, offering you the chance to propose an alternative solution that would avoid redundancy.
For example, you may be able to reduce your working hours, take on a new role in the business, or consider early retirement under your company’s pension scheme, if applicable.
You are also entitled to a statutory redundancy payment based on your length of service, if you have been employed for more than two years.
When is it not reasonable for my employer to make me redundant?
Under Section 105 of the Employment Rights Act 1996, there are certain situations where a redundancy dismissal will be automatically unfair.
For example, if you are made redundant because you are pregnant or have refused to sign a working time opt-out agreement, then you have been unfairly dismissed and are entitled to make a claim to the Employment Tribunal.
Redundancy support with Palmers Solicitors
No one in Essex should have to suffer mistreatment from their employers.
If you believe you have been, or are at risk of, being made redundant unfairly, Palmers Solicitors can provide expert support at every stage.
We can help you identify any discrimination you have experienced, issue your claim to the Employment Tribunal, and give you the best chance of a favourable outcome.
Worried about redundancy? Contact our friendly team today for expert advice.