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Redundancy rights - Statutory Redundancy Entitlements
If your employer wants to make you redundant because the job you currently perform for them is no longer needed, they have a legal obligation to treat you fairly throughout the redundancy process. This process includes the accurate calculation and prompt payment of any redundancy entitlement due to you.
Statutory Redundancy Entitlements
Redundancy rights apply to individuals that are losing their jobs, and also to groups of people that are being made redundant. If your entire department is being closed down for instance and consists of more than 20 people, this is called collective redundancy. Usually in these types of redundancies, the representatives of the employees must be consulted. Often this will be your union representative if you have one, or the group being made redundant has the legal right to elect their own representative to negotiate for them.
Individual redundancy also requires that your employer follows a set of legal guidelines. If they fail to do so, you could have a case for unfair dismissal that you could take to an employment tribunal. Your employer must for instance attempt to redeploy you elsewhere in their business. They must also give you fair warning and consider any alternatives to redundancy such as job share or more flexible working.
Redundancy Entitlement Statutory Rights
In addition to your redundancy entitlement, you also have the right to a set length of redundancy notice. The statutory redundancy notice periods are: at least one week’s notice if you have been employed for between one month and two years; one week’s notice for each year if you were employed between two and 12 years; and 12 weeks’ notice if you were employed for more than 12 years. You should check your contract of employment carefully as it is legal for your employer to terminate your employment without these periods of notice if this is noted in your contract. You will usually receive a payment in lieu of notice under these conditions.
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