"Are you at risk of redundancy? We know the processes that your employer must follow and can help you understand this."
Redundancy is one of the potentially fair reasons for dismissal as set out in the Employment Rights Act 1996, s 98(1). However, no dismissal on the grounds of redundancy will be fair unless an employer can demonstrate that this is the principal or genuine reason for the dismissal, and that they have complied with the obligations placed upon them in respect of consultation and procedure.
Your employer has a duty to consult with you when making you redundant. The extent and nature of this consultation will depend on the number of people affected by the proposal, but at the very least they should be following a ‘reasonable’ consultation process.
Notice and Payment in lieu
After two years’ service with your employer, you are entitled to one week’s notice for every complete year of service, up to 12 weeks, although often your contract may allow for more. Employers may choose to pay you in lieu instead of notice, which means that you will still get paid but are not required to work.
You will be entitled to your notice of pay in lieu of notice, as well as your redundancy pay. An individual's entitlement to a redundancy payment will depend on their indvidual circumstances. Use NewLaw's redundancy calculator as a guide.
Even if you are made redundant you are still entitled to receive payment for holidays you have earned but not taken. These will be paid at your normal holiday rate. If you are made redundant and have taken more holidays than you had earned, your employer can make a deduction. These payments or deductions are usually taken out of your final salary.
Depending on the numbers of staff involved, your employer may offer you a staff representative, who will be elected by their colleagues. The job of the staff representative is to consult with your employer during the initial collective consultation stages and report back to you.
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