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EMPLOYEE INFORMATION

REDUNDANCY

Redundancy occurs when an employer:

• closes the business,

• closes a particular department or location, or

• reduces the number of employees doing a particular type of work.

 

In these situations, you may be dismissed for redundancy and — if eligible — entitled to statutory redundancy pay.

When is redundancy lawful?

Redundancy is a potentially fair reason for dismissal, but only if:

  1. there is a genuine need to reduce staff, and

  2. the employer follows a fair redundancy procedure.

 

If you have at least 2 years of continuous service, the full procedure must be followed.

Failure to do so often makes the dismissal unfair.

A fair redundancy procedure includes:

• consultation,

• fair and objective selection criteria,

• consideration of alternative roles,

• the right of appeal.

Suitable alternative employment

Your employer should offer you suitable alternative work if it exists, either within the organisation or a connected company.

Special protection for employees on family leave

Employees on:

• maternity leave,

• adoption leave,

• shared parental leave,

must be offered suitable alternative roles before anyone else.

If you refuse

If you unreasonably refuse a suitable alternative role, you may lose your right to statutory redundancy pay.

4‑week trial period

You are entitled to a 4‑week trial period in any alternative role.

If you decide the role is unsuitable, you keep your right to redundancy pay.

Time off to look for work

If you have 2 years’ service by the end of your notice period, you are entitled to reasonable paid time off to:

• look for new work,

• attend interviews,

• undertake training.

The employer must pay up to 40% of a week’s pay for this time.

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Marta Inkin (MCILEX)
UK Employment Law Consultant
Solidum Solicitors,
316 Northolt Rd,
South Harrow,
Harrow HA2 8EE
Website: martainkin.co.uk
Telephone: 0207 036 1900

Solicitors Regulation Authority. SRA number: 634883

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