Redundancy Advice for Employees

If you have recently been made redundant and believe it was unfair, or that your redundancy rights as an employee have been infringed, Clough & Willis is here to help. Our specialist redundancy solicitors can offer high-quality legal advice to help you work out the best way forward.

From our offices in Bolton and Bury, we have provided redundancy legal advice for countless employees in similar circumstances to yours, helping them understand their rights under redundancy law to ensure they reach the resolution they deserve. We can examine the details of your case and find out whether you are entitled to make a claim for redundancy pay, or an alternative settlement.

At Clough & Willis, we understand that losing your job in any circumstance can be stressful, which is why our friendly, knowledgeable and experienced solicitors will handle your case with the utmost care and diligence. Our aim is to deliver the best possible legal outcome for you, providing you with support and assurance throughout the entire process.

For expert redundancy legal advice, get in touch with the employment solicitors at Clough & Willis by calling 0800 083 0815, or fill out our online enquiry form and we will be in touch at a convenient time for you.

How we can help

At Clough & Willis, we are experts on providing redundancy help for employees who feel they have been treated unfairly by their former employer. With years of expertise in this field, we are well-placed to guide you through the entire process of making a claim, and will give you the best chance of securing a favourable redundancy settlement agreement.

• Advising you on the legal grounds for redundancies, and what would be considered an unfair redundancy
• Helping you make a claim against your former employer, exploring the potential options such as a financial settlement or an alternative role
• Guiding you through the Acas (Advisory, Conciliation and Arbitration Service) early conciliation process to see if a resolution can be reached without going to an employment tribunal
• Preparing and representing you in an employment tribunal if you choose to challenge your redundancy through this method

Our legal team has considerable experience in helping professionals from all sorts of backgrounds to make successful claims against unfair redundancies. With offices in Bolton and Bury, we have worked with clients across the North West and further afield, and can provide you with pragmatic advice on what to do next, no matter the circumstances.

If you are seeking to make a claim for unfair redundancy dismissal , you must make the claim to a tribunal within  three months of your redundancy, so it is advisable to get in touch with us as soon as possible. If you wish to claim a redundancy payment should have been paid to you on dismissal , the time limit is six months.

Was my redundancy fair or unfair?

Your employer can legally make redundancies for the following reasons:

• Surplus labour - when a reorganisation of the business, or the introduction of new labour-saving devices, results in fewer workers or different skills being required
• Relocation of the business - when an organisation relocates to new premises, a worker who is no longer able to conveniently serve the same role may be made redundant
• Cessation of business - when an employer ceases or intends to cease trading, or discontinue the part of the business in which a worker was employed, they may be made redundant

However, there are a number of circumstances in which a redundancy may be considered to be unfair. If you believe that any of the following were related to your redundancy or termination, you should consult a solicitor about your rights:

• You asked for your rights at work - for example, minimum wage, holiday or maternity leave - to be upheld
• You made a health and safety complaint or acted as a whistleblower, reporting your employer for doing something illegal
• You are let go because you work part-time or on a fixed-term contract
• You refused to work in a shop on a Sunday
• You are a trade union or took part in official industrial action
• You have been on jury service
• You have been discriminated against on the basis of your age, gender, a disability, whether you are pregnant, your religious beliefs or political views

In these cases, it may be possible to pursue compensation or challenge your redundancy. Speak to the expert employment solicitors at Clough & Willis for guidance on how you can respond in these cases.

What are my redundancy rights?

If you are an employee who has been made redundant, or if you are currently going through the redundancy process, your rights mean you could be eligible to receive:

• Statutory redundancy pay
• An alternative employment role
• Time to look for a new job
• A paid notice period
• A one-to-one consultation with your employer

It is essential that, when selecting you for redundancy, your employer made the decision fairly. This means taking into account your length of service and disciplinary record, as well as your skills and experience. Your redundancy rights include the right to not face discrimination when these decisions are made.

How much statutory redundancy pay am I entitled to?

In most circumstances, you are entitled to redundancy pay if you have been with your current employer for two years or more, with a length of service capped at 20 years.

The amount you are entitled to is determined by your age:

• People under the age of 22 will receive half a week's pay for each full year of service
• Those aged between 22 and 41 will receive one week's pay for each full year of service
• People aged over 41 will receive one and a half week's pay for each full year of service

Weekly payments are capped at £700 and the maximum amount of statutory pay is £21,000. If redundancy payments are under £30,000, no tax will be taken from the total amount.

What are the grounds for an employment tribunal?

An employment tribunal is a legal body that resolves disputes between employers and employees. They may be necessary in cases where correct redundancy procedure was not followed, or where someone's employment rights were infringed upon. There are several reasons why you might consider making a tribunal claim against your employer, including disputes involving:

• Unfair dismissal: This includes being dismissed from your job in a way that does not comply with UK law. This includes circumstances like wrongful termination, lack of a proper notice period, or being let go for an unfair reason.
• Discrimination: Claims can be based on discrimination related to any protected category. These include age, sex, race, disability, sexual orientation, religion or belief, gender identity or reassignment, marital status, and pregnancy. Cases involving bullying, harassment or victimisation in the workplace may fall into these categories, but are not necessarily related to discrimination.
• Wage disputes: This includes non-payment of wages, incorrect wage deductions, or receiving a rate of pay below the minimum wage.
• Working hours: Issues related to breaches of regulations on working hours, overtime or holiday entitlement can be brought to a tribunal.
• Redundancy: Disputes regarding the process of redundancy, unfair selection for redundancy, or redundancy pay.
• Breach of contract: Claims related to breach of the employment contract by the employer, such as changes to terms and conditions without consent.
• Transfer of Undertakings (Protection of Employment) (TUPE) regulations: Issues can arise when a business is transferred from one owner to another, and employees' terms and conditions of employment may be affected. In cases where this breaches TUPE regulations, the situation may need to be resolved through a tribunal. Employees may be unfairly dismissed or made redundant during this process, which can also result in infringement of their employment rights.

Sometimes, employees are selected unfairly for redundancy because they are in a dispute with their employer. If you believe that a fair process was not followed when you were made redundant, or you think it may constitute unfair dismissal, it may be worthwhile to consider taking your employer to tribunal. A solicitor can advise you on what to expect from this process and what the most likely outcomes would be if you took this route.

There are strict time limits for making a claim to an employment tribunal. Typically, you must make your claim within three months less one day from the date you were made redundant or your employment was terminated. Before your dispute goes to a tribunal, you may need to work with Acas to pursue a resolution. A solicitor can support you during this process and advocate for your rights to achieve the best possible outcome for you.

Can I challenge a redundancy notice if I think it is unfair?

If you believe your redundancy notice is unfair, you have the right to challenge it. Redundancy should be a last resort and employers must follow a fair redundancy process. If you have worked for your employer for at least two years, you may be able to challenge a redundancy in the following circumstances:

• If you do not think the redundancy was genuine, meaning that you believe your employer was not truthful about the reasons for letting you go
• If you believe the redundancy selection process was unfair, meaning you disagree with your employer's criteria or methods for choosing staff for redundancy

In these cases, your first step should be to ask your employer for a detailed explanation of why you were selected for redundancy. Your employer should have a fair reason and a transparent process for deciding who to make redundant, and should be able to explain their selection criteria.

Common criteria include skills, qualifications and performance, and they should be objective, fair, and applied consistently. If you believe the criteria were unfairly applied to you, or were discriminatory, this could be grounds for challenge. If your employer failed to properly consult with you before selecting you for redundancy, the redundancy might be considered unfair and this could be another justification for a challenge.

To learn more about your right to appeal a decision or for support in resolving an employment dispute, contact the expert solicitors at Clough & Willis today.