Redundancy As Employee

Redundancy can be referred to as a situation where an employer decides to reduce its workforce. This situation is a reality that is unavoidable in the business world. Changes in economic policies, technology improvement, and the growth or decline of an organization can cause redundancy. It is not advisable to make certain employees redundant if you decide to dismiss them and hire other people to perform their role in the future. Any concerned employee could file an unfair dismissal claim against the employer.

Privilege Solicitors advise employees on the legal rights when matter come to redundancy level. We also protect our clients against biased dismissal claim against them and act for them in any legal proceedings that arise in related issues.

There are some essential guidelines that an employer must follow when contemplating making employees redundant: –

Employee right to a fair process

An employer must use a method that is fair and objective when selecting employees to make redundant and inform the concerned employee about it. If employees feel an employer acted unfairly, then they can appeal. However, if they are still not satisfied with the outcome of the appeal, then they take the employer to the tribunal.

Minimum notice period

A notice period can be referred to as the total time between when an employer tells an employee that they will be dismissed and their last working day. If an employer has worked for over 12 years, then the employee is entitled to a minimum of 12 weeks of the notice period. While an employee who has worked for two to twelve years has a minimum of one week notice period for each year. However, an employee who worked for one month to two years has a minimum notice period of one year.

Pay in lieu of notice

An employer can offer employees a lump sum (which can be referred to as pay in lieu of notice) if they do not want the redundant employees to work their notice period.

Gardening Leave

This can be referred to a situation whereby an employer asks an employee to serve their redundancy period away from work. Although the concerned employee is not working, they are still legally employed and will get their normal salary and benefits. However, this process is restrictive, because employees will need to stick to the rules of the contract, could be recalled back to work when needed, cannot start a new job with a new employer until the notice period has expired.

Compromise Agreement

Employers may pay the dismissed employee extra cash to sign an agreement stating that they will not go to an employment tribunal. It is important for the employer to pay for the employee’s independent legal advice so they will understand the rights they are giving up.

For more information and consultation over any redundancy issue, Contact us TODAY to schedule a meeting!

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