Employee Rights During Redundancy

Redundancy is often a challenging time for affected employees. If you are currently going through a redundancy, it is imperative that you know and understand your rights.

Is your dismissal considered a redundancy?

Redundancy refers to the dismissal of an employee due to their role no longer being needed. Employers should try to find other potions, such as a change in working hours, voluntary redundancy, or job transfers, before deciding to go ahead with issuing redundancies. A consultation and selection process should be followed in order to select individuals for redundancy.

Redundancy should only be considered by an employer if part or all of the organisation is undergoing one of the following three changes:

• Closure;
• A change in the types or number of roles needed;
• A change of location.

Your dismissal will not be considered a redundancy if it was for performance, conduct, or any other reason. Instead, employers should follow a disciplinary or capability procedure in such cases.

What information you have the right to receive from your employer

As soon as possible, your employer should inform you that they are considering making redundancies. This should include an explanation of the roles that are at risk of redundancy, why the redundancies are needed, how many redundancies are being considered, and how each employee will be consulted. If you are at risk of redundancy, your employer should also inform you, in writing, of the outline of their consultation plans, and your options, such as voluntary redundancy or any suitable alternative employment vacancies.

Your redundancy rights if there is a TUPE transfer

A Transfer of Undertakings (Protection of Employment) (TUPE) transfer happens when an organisation, or part of it, is transferred from one employer to another, or a service is transferred to a new provider.

If you have been part of a TUPE transfer, you retain your usual employment rights to a fair redundancy process. If redundancies are made after the TUPE transfer, consultation can start before the transfer, but selection should strictly only occur after the transfer has been completed.

365 Employment Law advises employers and employees across Sussex in all aspects of employment law. Based out of our office in Worthing, West Sussex, we support employers in a range of contentious and non-contentious employment law matters and provide expert advice to employees at all stages of the employment relationship. If you’re looking for employment law advice and support, get in touch with our friendly team today for an informal conversation about your needs.

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