Legal advice for employees facing redundancy

Step 1: Is there a redundancy situation?

If you think you’re likely to be made redundant, make sure you ask yourself the right questions:

• Is there a contractual redundancy policy? If so, make sure your employer follows this.
• Have you worked for your employer for more than two years? If so, you can benefit from the unfair dismissal compensation if your employer fails to follow a fair and proper redundancy process (see steps 1-5 for employers here).
• Are you on or have you recently taken family leave? If so, make sure any of the special rules that apply to you are followed.
• Have you been disadvantaged due to a protected characteristic? If so, you may be entitled to compensation for discrimination and should seek legal advice about how to pursue this.

Step 2: Do you need to consult collectively?

Always ask how many redundancies are planned. This means you can ensure the correct process is being followed and if not, you could be entitled to a protective award.

Step 3: Start collective consultation

Raise concerns or queries through your appointed representative if you’re taking part in collective consultation, or with the designated HR representative if you’re in an individual consultation.

Step 4: Individual consultations

In addition to collective consultation, or if your employer is making fewer than 20 redundancies, an individual consultation process should be followed. Ensure you:

• Take notes of meetings or ask a companion to do so in case you need to rely on what was said, or not said, later.
• Think about the alternatives you would accept and prepare to discuss these at the consultation meeting. For example, can you identify any suitable alternative vacancies that match your skills and experience? Would you be prepared to accept a temporary or permanent reduction to your hours? Would you accept a temporary period of unpaid leave?
• Consider a trial period. If you do identify a suitable alternative vacancy, you can try it out over four weeks before committing to it and waiving any redundancy rights you have if it doesn’t work out.

What does your employer owe you?

Make sure you receive what you are owed and seek advice if you haven’t, or if you think you have been treated unfairly. If you need support after being made redundant, the government has a raft of useful resources here.

Read Chatterton’s advice for employers making redundancies.