Redundancy is a common occurrence in the workplace. If you find that you face the prospect of being made redundant, it is important that you obtain the advice you need to ensure that your employer acts lawfully and that you are receiving the compensation to which you are entitled.

Being made redundant

Redundancy is only justified in four situations:

• Your employer is no longer carrying on with the business
• There is no longer a need for employees to carry out work of a certain kind
• The workload is diminishing
• There is a change in the location of the business

If you are made redundant in other circumstances, you might have a claim against your employer for unfair dismissal.

Redundancy procedure

Your employer must follow fair redundancy procedures. Your employer must consider whether they can avoid making compulsory redundancies, for example, by limiting recruitment and overtime opportunities. If those initial steps are not effective, your employer might seek to make redundancies.

All employers must use fair selection criteria to decide who will be made redundant. Where your employer proposes to make redundant 20 or more employees at one establishment within a period of 90 days, they must collectively consult all of those employees. If your employer has not followed the correct procedures, you might have a compensation claim for unfair dismissal.

If you are made redundant and you have at least 2 years’ continuous employment, you are entitled to receive a statutory redundancy payment. You may also be entitled to receive an enhanced contractual redundancy payment depending upon terms of your contract of employment.

Important things to consider

If the answer to any of the following questions is ‘yes’, then you should consider seeking legal advice in relation to your position and any claims you might have against your employer:

• Is your employer discussing redundancy with you, either formally or informally?
• Is your employer taking steps to avoid making compulsory redundancies within your organisation?
• Has your employer suggested voluntary redundancy to you?
• Have you been offered a redundancy package?

Due to the 3 month time limit in relation to a claim for unfair dismissal, we strongly recommend you contact our Employment Law solicitors to arrange an initial consultation.

Why use Fisher Meredith?

Fisher Meredith is an award winning London law firm with offices in Richmond, Surrey and Kennington, London. Our Employment Law solicitors have an outstanding reputation for acting on behalf of individuals with highly successful results.

For 35 years, Fisher Meredith has developed a reputation for being approachable and “going the extra mile” for its clients whilst maintaining ethical and socially responsible standards.

Fisher Meredith has obtained compensation for individuals in a range of employment claims. Our Employment Law experts can provide initial advice about your rights in relation to redundancy, negotiate a redundancy package for you and, if necessary, issue a claim on your behalf at the Employment Tribunal.

What should I do now?

If you are facing redundancy, we can provide you with advice to help you achieve the best outcome.

For initial advice or to arrange a meeting with one of our Employment Law solicitors, please contact our helpline on 0800 014 7445.