What process must my employer take to make me redundant?
19 August 2022
Taylor Bracewell
To make an employee redundant lawfully an employer has to follow a fair redundancy process.
First of all, they have to notify the employees of the intention to make them redundant. They then look to consult with them about the redundancy and take steps to try and mitigate that redundancy if at all possible. So those are the key principles that apply to ensure that redundancy is lawful.
Beyond that, if an employee is being made redundant then the employer has to consider things like giving them reasonable time off to look for alternative employment. Also ensuring that they’ve considered all the options in terms of whether other roles might be available for them within the workplace before making them redundant.
An employee has the right to a four-week job trial in circumstances where an employer can make that option available to them and as long as you don’t unreasonably refuse the job after that four-week trial then they can still obtain a redundancy payment. It’s worth taking advice if an employee isn’t sure if it’s the right role for them and whether they can reasonably refuse that offer.
Here is a video recorded by Head of Employment Law, Richard Lozano:
Often enough we see employers following redundancy procedures incorrectly, this is where our Employment Team can help. If you believe that you have been made redundant without reasonable reasoning, then our team can be contacted on 01302 341 414 or by filling out our online enquiry form!
Please note you have just three months less one day to bring claims in the Employment Tribunal, so please don’t delay seeking legal advice.
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