If you are facing dismissal at work through a redundancy process, you are probably worried for your future, angry and scared all at the same time. But there is also a chance that you’re confused, or that you believe you’re being treated unfairly. Whatever the specific circumstances of your redundancy, seeking expert redundancy advice from employment lawyers will ensure your legal rights are upheld. Understanding those rights is critical if you’re going to get the compensation you deserve.
What Are the Legal Grounds for Redundancy?
A redundancy dismissal can take place if your employer’s business closes down completely, if your specific place of work closes or if your employer decides to reduce labour costs for the overall benefit of the business.
What is a Statutory Redundancy Payment?
Statutory redundancy payments usually apply to workers who have been made redundant after two or more years of continuous employment. If the redundancy process leads to your dismissal, you will have a legal entitlement to this payment. However, if you resign during the process, you may be entitled to nothing. Statutory redundancy is calculated according to your length of service, your age and your rate of pay at the time you’re made redundant.
In some cases, where you can demonstrate that the process was unfair or not according to the company’s own guidelines, it may still be possible to claim a statutory redundancy payment after resigning, but you would probably need to seek expert employment law advice to navigate the rather complex legal process involved.
If you’ve been made redundant, it is always a good idea to seek expert advice immediately, as you may also be eligible to receive outstanding expenses, commission payments, accrued holiday and payment for your notice period. During the stress and heartache of the redundancy process, it can be easy to lose track of what you’re entitled to, but employment lawyers will work tirelessly to protect all of your interests.
Do You Believe Your Redundancy Dismissal Was Unfair?
While employers have a legal right to pursue redundancies in certain situations, they must follow a strict set of guidelines. If you believe that redundancy wasn’t the real reason for your dismissal, or your employer didn’t follow a fair procedure in order to reach a decision, you may be able to make a claim for unfair dismissal at an employment tribunal. A solicitor may be able to assist you in negotiating a settlement agreement without the need for you having to go to tribunal.
You will need to file a claim within three months of your dismissal, and a claim fee will be payable at the very beginning of the process. However, this will be reimbursed by your employer should you win your case. You will need to collate any documentary evidence that supports your claim.
In the case of a redundancy process, this will include any letters you received from your employer, notes taken in meetings, statements from colleagues and anything that pertains to the validity of your claim. Should your case be successful, a tribunal has the power to order you employer to pay you outstanding redundancy payment, and your future loss of income.
Unfortunately, redundancy is an increasingly common part of modern business practice. But having experienced employment solicitors to fight for your interests will ensure you receive what you’re owed if you’re facing the threat of redundancy.
Also take a look at ==>> I Lost my Job, Now What?
We are always eager to hear from our readers. Please feel free to contact us if you have any questions or suggestions regarding CareerAlley content.
Good luck in your search,