I advise both employers and employees on redundancy.

If you are an employee, the consultation period leading up to redundancy is likely to be stressful. If there are less than 20 employees at risk of redundancy at any one time, the redundancy consultation period is likely to take between 2 and 4 weeks, depending on the complexity of the situation. Some employers will try to push the consultation period through and will want it concluded in 1 week but this is increasingly unusual.

The redundancy consultation period usually starts with a letter from the employer advising the employee that they are ‘at risk’ of redundancy and stating that no decision will be made about the proposed redundancy until the consultation period has ended. A date and time for the first consultation meeting will usually be included in the letter. Dates and times for subsequent consultation meetings are usually given later, depending on how the consultation period progresses.

The consultation period usually ends following a final consultation meeting. If your redundancy is confirmed verbally at the final consultation meeting, it should be followed by a statutory notice of redundancy, setting out your last day of work, your final payments including any entitlement to redundancy pay and pay in lieu of notice if you are not required to work during the notice period.

To check your entitlement to statutory redundancy pay, click on the link. https://www.gov.uk/calculate-employee-redundancy-pay

I can help by providing friendly, practical advice to try to make sure your employer treats you fairly during the redundancy consultation process. 

The redundancy consultation process is required to be genuine and meaningful. If the way in which the redundancy consultation process is being conducted appears to be unfair, then I can advise you on how to challenge the process.

It might be unfair for a number of reasons, for example:-

  • Other employees who do the same work as you have not been included in the pool for selection.

  • The selection criteria are subjective and difficult to measure eg flexibility; potential.

  • The scoring mechanism is unclear.

  • The manager responsible for doing the scoring does not know you.

  • The employer has not discussed alternative employment with you, or has unreasonably declined your application for another role.

  • You believe you have been unfairly scored and should be scored more highly.

  • Your proposed redundancy is discriminatory eg; on the grounds that you have a protected characteristic within the meaning of the Equality Act such as age, race, sex or disability.

  • You are being made redundant in connection with a TUPE transfer - when your employment has been transferred to another employer under the Transfer of Undertakings (Protection of Employment) regulations.

If you have already been made redundant, there are strict time limits for making a claim of unfair dismissal to an employment tribunal. In most cases, the time limit is 3 months minus 1 day from the date your employment ended. Even if you did not challenge your redundancy whilst you were still employed, you may still have the basis of a claim for unfair dismissal at an employment tribunal, although you are more likely to win your claim at an employment tribunal if you did challenge your redundancy during the consultation period.

If you are thinking of issuing a claim or simply want to know your likely prospects of success then I can advise you. 

To discuss your situation, please call me on 07900 695142