1. What is redundancy?
Redundancy occurs when an employer needs to reduce the
workforce for some reason unrelated to the conduct or capability of the
individual(s) concerned. Generally, your job must disappear for you to
be made redundant, but it can also happen if someone else's job
disappears and they are moved into your job, making you redundant. (Note:
This is known as "bumping," which often happens when a more senior employee is
prepared to take a more junior role to avoid redundancy. An employer may find
it hard to justify bumping as fair, however, which could lead to a claim for unfair dismissal.)
2. What are my 'redundancy rights'?
Employees have a number of legal rights in relation to redundancy, including:
- right to consultation before redundancy to discuss
- right to fair and objective redundancy selection criteria and
- right to an explanation of the reasons for dismissal and the basis of
- right to appeal against redundancy
- right to try any alternative offer of employment for four weeks
- right to notice period or payment in lieu of notice
- right to take reasonable time off, with pay, to look for alternative
work or training
- right to redundancy payment, provided the employee satisfies
If your employer violates your redundancy rights, you may be entitled to
3. Do I qualify for redundancy pay?
To work out whether or not you qualify for redundancy pay, you should
first look at your contract of employment. If it doesn't mention a
payment or you don't have a contract, you may still be legally entitled
to statutory redundancy pay.
Generally, you must have worked for at least two years with your
employer whilst you were over the age of 18 to qualify for redundancy pay. This
rule does not apply, however, if you think that your employer has
discriminated against you in the way that you were selected for
redundancy (for example if you were selected on the basis of your race, sex or
because of any disability you might have).