Pre-redundancy support

If you are going to be made redundant from your job, there are several steps that an employer is expected to take before you will leave the company.  Listed below are some guidelines about what to expect:

Agency Workers

Flexibility for both worker and employer is one of the features of agency work. As an agency worker you have the flexibility to take up and leave jobs at short notice, but the hiring company also has the flexibility to finish temporary work without being liable for unfair dismissal or redundancy pay. You should check your contract with your agency as it may include a notice period you may be obliged to give.

If you are an agency worker you can find out more about your rights and employment contracts in the Employment section on Direct Gov website or by calling 0845 955 5105.

Alternatives to Redundancy

During the economic crisis, companies may be forced to make redundancies, however there are alternatives that may not result in a permanent redundancy.

  • Temporary lay-off
  • Short-term working
  • Business transfers and takeovers (TUPE)

Consultation Process

An employer has to begin the consultation process within certain timescales by law, although it should begin as early as possible.

  • If your company is making between 20-99 employees redundant you should receive a 30-day consultation period
  • If your company is making 100+ employees redundant you should receive a 90-day consultation period
  • Legal rights to disclosure of information e.g. reasons for redundancy, number of redundancies, etc

Selection Criteria

Selecting an employee for redundancy should be a fair, objective and consistent process.

  • Methods of Selection
  • Voluntary Redundancy
  • Unfair dismissal
  • Discrimination
  • Employee Representatives

If you think you have been selected unfairly you can appeal against their decision and have the right to an employment tribunal. The Advisory, Conciliation and Arbitration Service (ACAS) can offer conciliation and mediation between employees and the employer when someone has a complaint about their employment rights. They can also help if you think your job has simply been renamed and someone else employed in that position. For more information click on the link above to visit the ACAS website or contact your local Citizens Advice Bureau.

Offering a suitable alternative role

Your employer is expected to offer you a suitable alternative role if available before you are made redundant.  The suitability of the job will depend on the pay, hours, terms and location of the job and your abilities and circumstances.

  • Mobility Clause
  • Trail Periods
  • Refusing an offer
  • Losing your redundancy pay
  • Employment Tribunals
     

You can obtain clear, confidential and impartial advice on employment rights, practices and redundancy from their website or by calling their telephone helpline.

For more information view the ACAS Redundancy Booklet or visit their Redundancy Pages.