Whilst redundancies can sometimes be needed, employees are entitled to have a fair process followed, including consultation. Consultation should involve several meetings with a genuine opportunity to feedback, before any decision is made. Selection and scoring also needs to be fair and reasonable. It can be a very upsetting & stressful time.
If you feel that the process or your selection is unfair, then you should be given the right to appeal and you might have a claim for unfair dismissal. We can advise you on your situation and what should be happening for you.
It is not unusual for redundant employees to be given a Settlement Agreement (previously known as Compromise Agreements) which sets out what the financial offer is, the obligations and in return you give up your right to bring any claims.
Statutory Redundancy Payment
If you are made redundant fairly and you have at least two years’ continuous employment redundant, then you are entitled to a statutory redundancy payment which is calculated using a set formula based on your age, length of service and weekly pay, facts and figures. This is:
- One and a half weeks’ pay for each complete year of service after age 41;
- One week’s pay for each complete year of service between ages 22 and 40;
- Half a week’s pay for each complete year of service under the age of 22.
You are also entitled to other contractual payments.
What Next? How Can We Help You?
We can support you through the redundancy process and advise you on whether your employer is following a fair procedure. We can also talk to you about how fair your selection for redundancy is, and if not, how you challenge it during the process, at the end (by way of an appeal) or ultimately by bringing a claim for unfair dismissal to the Tribunal. Please get in touch and your employment solicitor will help you further. Our clients are usually based in or around the Guildford & Godalming area, however, we work with clients from around England.
If you need help with redundancies as an employer, please do see here.