Your redundancy rights

You may be in a position where your employer has announced possible redundancies or asked for volunteers. It is important that you understand what your rights are and what redundancy package you may be entitled to.

You also need to be aware of the correct procedure your employer must follow when making you redundant. Here are your rights and entitlements:

Consultation period

There should be a consultation period of usually 30-90 days before any redundancies are made, depending on how complex the situation is.

This consultation should allow:

• your employer to explain the reasons for your provisional selection for redundancy,
• you to discuss your views on redundancy or raise any questions you have, and
• you and your employer to discuss any appropriate alternatives, where they exist.

Individual consultation must take place before your employer gives you notice of redundancy.

Redundancy selection

The decision to select you for redundancy is based on many areas, such as your skills, experience and competence.

Your employer cannot select you for redundancy based on the grounds of age, gender, race, religion, disability or trade union membership. Selection on such grounds constitutes unfair dismissal and you would be able to challenge their decision to make you redundant.

Notice periods

If you are selected for redundancy you must be given a notice period.

Unless your contract of employment states otherwise, the statutory redundancy notice periods are:

• A minimum of 1 week’s notice if you have been employed for between 1 month and 2 years.
• 1 weeks’ notice for each year of employment if you have been employed for between 2 and 12 years.
• 12 weeks’ notice if you have been employed for 12 years or more.

Time off

You are entitled to take ‘reasonable’ time off to look for work and attend job interviews as long as you have worked for your employer for 2 years by the end of your notice period.

Trial period

If you are offered a new role with your existing company under a different contract, you are entitled to a statutory 4-week trial in your new role. This trial period allows you and your employer the opportunity to decide if the new role is appropriate.

Your entitlement to redundancy is protected during the length of the trial. For example, if you decide the new role is not for you, the redundancy offer is still valid.