Redundancy Rights

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Redundancy can be a challenging and uncertain time, whether it is due to business closure, relocation, or a reduced need for staff.

Employees have specific legal rights in redundancy situations, and employers must follow fair procedures, including proper consultation, before any decisions are made.

Our Employment Law Team provides clear, practical advice to help you understand your options and protect your interests.

Your redundancy rights

If you’re being made redundant, you might be eligible for certain rights, including:

Redundancy pay
A notice period
The option to move into a different job
Time off to find a new job

When a selection process is not required

If you are the only person employed to do a particular role, and that role is no longer required, your employer does not need to go through a selection process.

However, consultation will still be necessary, and your employer should still consider whether you could be moved to a different job in the company.

When a selection process must be followed

If there are, for example, ten people doing the same job and the employer only needs eight in the future, a selection process must be carried out. The selection must be done in a fair way, such as considering your level of experience or capability to do the job.

Protection from discrimination

You cannot be selected for discriminatory reasons such as age, gender, race, sexual orientation, disability, or pregnancy.

If you are, this could be classed as unfair dismissal and/or discrimination. Your employer should use a fair and objective method for selection.

Common selection criteria

Commonly used factors in redundancy selection include productivity, attendance, disciplinary records, and experience.

If your employer uses a ‘last in, first out’ approach, it must not be discriminatory – for example, if it disproportionately affects younger employees.

When redundancy may be unfair dismissal

A redundancy can be classed as unfair dismissal if:

The selection process is unfair
The procedure followed is wrong
The process is discriminatory

Special rules also apply to redundancies after the sale of a business.

Get advice on redundancy

For free initial advice from the Hethertons’ Employment Law Team, please call 01904 528200.

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