Even where restructures and closures leading to job cuts are unavoidable, you have the right be treated and paid fairly. QualitySolicitors can advise on whether you might have a claim in an Employment Tribunal.

What is redundancy?

Redundancy is a potentially fair reason for dismissal. A genuine redundancy situation may exist where your employer intends to close the business as a whole or close the office or site where you were employed, or no longer needs employees to carry out the kind of work you did.

Your dismissal may be unfair if there is no genuine redundancy situation or if a fair process was not followed. Special protection may also be available if your dismissal is connected to the sale of the employer’s business.

Have I been fairly selected?

Your employer should draw up objective selection criteria. These should be explained and applied fairly and without bias. If you are selected unfairly you may have a claim for unfair dismissal or unlawful discrimination.

Should I be consulted?

You should be properly consulted when your role is at risk of redundancy. Consultation should be a meaningful dialogue. Your employer must also consider whether there are ways of avoiding dismissal, such as offering you suitable alternative employment.

Where your employer is planning to dismiss 20 or more employees at one establishment, collection consultation rules may be apply. These set out minimum consultation periods and processes.

What payments am I entitled to?

If you have been continuously employed for 2 years after the age of 18, you are entitled to a statutory minimum redundancy payment.

You will also be owed any outstanding contractual payments, such as wages and accrued holiday.

If succeed in a claim for unfair dismissal, the Tribunal Judge will make an award that is ‘just and equitable’. They will take into account loss of earnings and any contributory fault.