Employment Law Solicitors:
What is redundancy?
Redundancy is a form of dismissal. It happens when your employer needs to reduce their workforce. There are special rules that your employer must follow before making your redundant.
Dismissing fairly for redundancy
In order for dismissal for redundancy to be fair your employer must establish that redundancy was the real reason for your dismissal. Your employer must also have acted reasonably, in all the circumstances of the case, in treating redundancy as the reason for dismissing you. This means that your dismissal must be procedurally fair.
If you believe that you have been unfairly selected for redundancy or you believe that redundancy was not the real reason for your dismissal, you may be able to claim unfair dismissal.
Am I eligible to redundancy pay?
If you have at least two years' continuous service and you have been made redundant you may be entitled to a statutory redundancy payment in addition to any contractual redundancy payment or other benefits that your employer may provide.
Can my employer withhold redundancy pay?
If you unreasonably refuse an offer of suitable alternative employment you will lose your right to a statutory redundancy payment. There are special rules that deal with alternative employment and if you act reasonably in refusing an offer of alternative employment you may still be entitled to a statutory redundancy payment.
Do any time limits apply in bring a claim?
Generally, you will lose the right to claim a statutory redundancy payment unless one of the following four events occur within the six-month period beginning with the relevant date:
- A payment is agreed an paid by your employer
- You make a written claim for payment to your employer
- You right to a redundancy payment (or the amount of the redundancy payment to which you are entitled) is referred to the employment tribunal
- You present a claim of unfair dismissal to the employment tribunal
To present an unfair dismissal claim, you generally have less than 3 months.
I think I have a claim. What should I do?
Well in short, contact us now. Redundancy can be a complex area of law and we have a team of specialist employment law solicitors ready to help you. We can also offer you a free case analysis if you not sure whether you have a claim.