I’m being made redundant – what are my rights?

I’m being made redundant – what are my rights?

2nd July 2019

Are you being made redundant?  If so, you are entitled to notice of termination of employment and you may also have other rights.

A redundancy occurs where there is:

  • a closure of a particular site or office or
  • a closure of the whole business or
  • a reduced need for workers to do a particular kind of work.

Watch the video below to find out more about redundancy and the issues that arise.

Some key things to consider are:

  • If you have at least two years’ continuous employment, you will be entitled to a statutory redundancy payment.
  • You will also have unfair dismissal rights – to successfully defend such a claim, your employer will need to show that there is a genuine redundancy situation and it has followed a correct consultation procedure before dismissing you for redundancy.
  • If you are being made redundant and have less than two years’ service, you will not be eligible for a statutory redundancy payment.  You will also not be eligible to bring a claim for unfair dismissal on the grounds of redundancy (although there are some limited exceptions which we can explain to you).
  • Selection for redundancy should not be motivated by a discriminatory reason such as sex, race, disability, age, sexual orientation, religion or belief, gender reassignment, marriage or civil partnership, pregnancy or maternity.  If it is motivated by such a reason, you can bring a claim for discrimination without any period of continuous employment.
  • Where there are 20 or more employees being made redundant at one establishment over a period of 90 days or less, there are duties about information and consultation, including minimum consultation periods.  There may be a claim for a Protective Award in the Employment Tribunal if your employer fails to carry out these duties.
  • Some employers will offer Settlement Agreements before or during a redundancy process.  You can find out more about Settlement Agreements by visiting our Settlement Agreement page.

If you would like to discuss a redundancy situation or you have been offered a Settlement Agreement, please contact our employment lawyer Kerry Hudson.

Kerry is an Employment Solicitor in Coventry and provides advice to employers and employees across the whole of the Coventry and Warwickshire area including Rugby, Nuneaton, Atherstone, Warwick, Leamington Spa and Kenilworth.

Please call 024 7653 1532 or email Kerry.Hudson@bttj.com