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Employment Advice

Redundancy

If your employer has made you redundant as a result of the closure of your place of work or its entire business or as part of a reduction in workforce numbers then you are entitled to the protection of redundancy legislation.

Your employer must carry out any redundancy in a fair and proper manner following a statutory consultation procedure. If your employer fairly follows that procedure and determines that your job is redundant then you are entitled to a redundancy payment if you have worked for your employer for at least two years.  The amount of the payment depends upon your age, your pay and how long you have worked for your employer.

If you have worked for your employer for two years or more and are given notice of redundancy your employer must allow you paid leave to look for alternative employment

As part of any redundancy procedure your employer must consider whether suitable alternative jobs are available to you. If an alternative job is offered to you you can try it out for up to four weeks without losing your right to a redundancy payment. If you unreasonably refuse an offer of suitable alternative employment you  will lose your right to a redundancy payment

Your employer isn't entitled to select for redundancy by discriminating against you on the grounds of age, sex, race, sexual orientation or disability If you are made redundant for any of those reasons then your dismissal will be automatically be considered unfair entitling you to bring a claim for compensation and reinstatement.

Your redundancy will also be unfair your employer has failed to follow the consultation procedure or if its is not for a genuine reason e.g. where  your employer recruits a direct replacement for you

If you feel that you have been unfairly selected for redundancy you have the right to claim compensation from an employment tribunal.

A tribunal claim for redundancy pay must be made within 6 months of your last working day or in the case of a claim for dismissal or discrimination must be made within 3 months of your last working day so its important that you contact us as soon as possible..

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Richard Ennis

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