Statutary Redundancy Rights

Friendly, expert legal advice for employees of all levels

Redundancy is often upsetting, confusing and demoralising, with many employees unsure of their rights, whether what their employer is offering them is fair and if the reasons for the redundancy are legitimate.

It is therefore essential to seek specialist legal advice to make sure you are being treated fairly during redundancy and that your rights are respected. This can allow you to get the best deal possible from your employer and empower you to take action if you have been treated unfairly.

How Wheelers Solicitors can help employees with statutory redundancy

If you feel that you are not being given enough information during redundancy or you have doubts that your redundancy was genuine or fair, then our expert statutory redundancy lawyers will be happy to advise you.

We will talk through your options with you in plain English, including how you can challenge your redundancy whilst in employment and/or any claims which may arise on your termination, including for unfair dismissal.

To find out more about how we can help you with statutory redundancy, please contact Mel McCrum or Stacey Edgley

Also take a look at our guide to employee redundancy.

What are employees’ rights during statutory redundancy?

If you are being made redundant by your employer, you have may have a number of statutory rights depending on the circumstances, including:

  • Redundancy pay
  • A notice period
  • A redundancy consultation with your employer
  • The option to transfer to a different role within the organisation (where other roles are available and appropriate for you)
  • Time off work to attend interviews for other jobs

If you are selected for redundancy, this must be done in a fair way. Reasons you might be selected for redundancy must be directly related to your ability to do your job e.g. your degree of skill, level of experience etc. You cannot be selected for redundancy on the basis of your age, gender, pregnancy or any disabilities you have.

If you have been selected for redundancy and believe the reasons behind this may be unfair, you may have a case for making a claim for unfair dismissal.

What to expect during redundancy proceedings

Important areas your employer should cover with you (or your representative) during redundancy proceedings include:

  • Why there are redundancies
  • What the pool is and why you are in it
  • What the selection criteria is (and possibly why it was chosen) and your scoring
  • What, if any, other roles are available for you to transfer to

If you are made redundant, it is increasingly common to be asked to sign a settlement agreement (agreeing not to take legal action over the redundancy in exchange for a one-off payment) and you may be given ‘garden leave’ (where you will be paid for your notice period, but not required to come to work).

Who has the right to statutory redundancy pay?

To be eligible for statutory redundancy pay, you must:

  • Be 17 years old or above
  • Have completed at least 2 years of employment with your employer at the date of your redundancy

Even if you are not entitled to statutory redundancy pay, you will still be entitled to payment for any outstanding wages and unused holiday.

How much is statutory redundancy pay?

This will depend on various factors, including:

  • Your age at the time of your dismissal
  • The number of years you have worked for your employer
  • Your weekly income (before tax)

If you want to make sure you are getting the correct redundancy pay then please use our redundancy calculator to see what your statutory entitlement is.

Can I make an Employment Tribunal claim for redundancy?

If you believe you have been unfairly selected for redundancy, you may be able to make a claim for unfair dismissal.

However, if you signed a settlement agreement as part of the redundancy proceedings, this may mean you do not have the right to bring a claim over your redundancy to an Employment Tribunal.

Our statutory redundancy expertise

Our employment lawyers in Farnborough and Ash Vale have many years of experience advising employees on redundancy proceedings and their statutory redundancy rights, as well as on settlement agreements and Employment Tribunal claims related to unfair dismissal during redundancy.

Get in touch with our statutory redundancy solicitors in Farnborough and Ash Vale

If you would like further information or advice on your rights during statutory redundancy, please contact our expert employment lawyers in Ash Vale and Farnborough.

If you would like further information, please contact Mel McCrum or Stacey Edgley. They are all members of the Employment Lawyers Association.