Redundancies are hard for all involved, and employers you have a legal obligation to be as fair as possible during the redundancy process. To enforce this, employees are protected by certain redundancy rights to ensure that they are treated fairly.
For a redundancy to be considered genuine, employers must demonstrate that the employee’s job will no longer exist. Employers should always take all possible steps to avoid redundancies where possible, but if redundancies are necessary, the employer must ensure that there is a fair selection process in place. Redundancies can be compulsory or non-compulsory].
Employees should be offered suitable alternative employment within the business where possible. If they accept a new position, they are allowed the right to a trial period in this position without losing the right to redundancy pay.
Once redundancy consultations are complete, staff must be paid for at least the statutory redundancy notice period, based on how long they have worked. Employers can allow staff to leave earlier than the required date by offering payment in lieu of notice. Employees with more than 2 years’ continuous service may have the right to redundancy pay.
Peninsula’s Employment Law advisors can assist you with any area of your employee’s redundancy rights. Contact us online today, call 0800 0282 420, or use our callback form to arrange for us to get in touch at a time that is convenient for you.
Information on Redundancy Rights is part of our Employment Law support and advice service. Contact us for more details.