If you've worked for your employer for 2 years or more
If you've worked for your employer for 2 years or more, they should:
consider the right group of people for redundancy
and choose people from that group in a fair way
The group is sometimes called a 'pool'. This might include people with the same job or from the same department. Your employer can either:
make everyone in the pool redundant and ask you to apply for new jobs within the company
or decide a fair way to choose who's made redundant from the pool
You should have at least 2 meetings with your employer to discuss your redundancy and have a chance to respond.
If you're asked to apply for a new job
Your employer might ask you to apply for a job that's different from your current or previous role. You can still apply even if your experience or skills are different. You can trial a job for 4 weeks and ask your employer to extend the trial if you need training.
You may not be entitled to redundancy payment if you turn down a suitable job. If they have another job but do not give you the chance to apply for it, ask your employer for a reason.
Your employer must be fair in deciding who they make redundant from the pool. They should base their decision on things they can measure, like:
how long you've worked there
your disciplinary record
They can only consider your performance if they can show how they measure it.
Your employer should tell everyone in the pool what they'll base their decision on.
If 20 people or more are made redundant
A 'collective consultation' is when 20 people or more are being made redundant. Different rules apply.
The pool must have a representative. The pool can choose a union representative or another employee they trust. The pool's representative will attend meetings with the employer to make sure the process is fair.
The consultation must last at least 30 days before anyone can be dismissed.
Your employer may ask you not to discuss your redundancy with colleagues. But you will not be breaking any rules unless your contract says you should not talk about it.
What you should do
Get everything in writing
Always follow up any phone calls or meetings with an email to your employer and include:
the date and time of the call or meeting
who you spoke with
what you discussed
what reasons they gave you for the redundancy
what they said would happen next
Keep all letters and emails you receive. If you believe your employer was unfair or discriminated against you, it will help your case to keep a record of any conversations.
Check your notice period and pay
Your employer must give you a notice period. This is the amount of time before you leave your job. You should get paid even if your employer says you do not have to work during that time. You may need to take formal action if they refuse to pay.
Look at your contract to see how long your notice period should be.
The Act defines a disabled person as someone with ";a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on [their] ability to carry out normal day-to-day activities".
Being classified as 'disabled' under the Act is called having a 'protected characteristic'.
You can be made redundant if you're disabled. But this cannot be the reason you're made redundant.
For example, your employer uses sick leave to decide who they make redundant. They choose you because you've taken the most sick leave due to your condition. This could be disability discrimination.
Check if it's fair
Some reasons for redundancy are automatically unfair, including if you:
You can be made redundant in these circumstances. But they cannot be the reason for your redundancy. It could be an unfair redundancy if you and other colleagues were made redundant immediately after an event like this.
You'll need to follow your company's redundancy or appeals process to challenge your redundancy. You can take your complaint further if you're unhappy with the outcome.
Get advice from Acas. They may be able to help you and your employer reach an agreement without going to an employment tribunal. This is called 'early conciliation'.
The deadline for doing this is 3 months less 1 day from the date your contract ends.
Here is an example of how a timetable for challenging redundancy might work:
Your employer has said that your contract will end on 31 March.
You have until 29 June (3 months less 1 day) to challenge your redundancy.
If your employer does not agree, Acas can give you a tribunal certificate to take your employer to tribunal. This certificate is part of the process. It does not mean that Acas believes you have a strong case.