Being made redundant, whilst not your fault, can still be very hard to come to terms with. There are three main reasons that you could be made redundant:
- A business, or part of the business has closed
- The location of the business has changed
- The need for a particular type of work has reduced, so fewer staff are needed
Employers must follow strict procedures when making people redundant, to make sure that the process is open and objective. This includes:
- Making sure the rules for deciding who is at risk of redundancy are in line with one of the three main reasons for redundancy, for example the business has moved from London to Liverpool
- Making sure the rules are applied fairly to everyone at risk, for example whether an employee is willing to relocate with the business
- Consulting with people at risk so that they understand the process and have an opportunity to ask any questions or for other support
- Considering if there is suitable alternative employment elsewhere in the company for someone at risk (subject to a trial period)
Sometimes there are situations where it is unfair or discriminatory to make someone redundant, for example if they are pregnant, refuse to sign an opt-out agreement, or are involved with particular trade union activities. You are also legally entitled to a redundancy payment if you have been in your job for more than two years.
If you are, or think you might soon be, at risk of redundancy, talk to us. We can give you advice and support you through the process to make sure you are treated fairly. Our team has a wealth of experience in helping people to understand their options and move forward to a brighter future.
The question of where the boundary lies between an employer’s need to monitor staff and an employee’s right to privacy has once again landed at the European Court of Human Rights’ door.
The end of last month saw the Employment Appeal Tribunal rule that an employer had unfairly dismissed an employee for failing to present evidence of their right to work.