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An employee’s guide to Redundancy

Part 1 of 7 in this guide.

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Last updated: 10th May 2011

Introduction

Your employer has responsibilities to treat you fairly and follow the correct process if they are considering making redundancies. They should think about any alternatives to making you redundant. The process your employer must follow is different depending on the number of people they are making redundant.

Here is an overview of your rights if you are facing redundancy:

Your rights to fair consultation

Employers should always consult with employees before dismissing them on the grounds of redundancy. There are two ways this might be done through individual or collective. Your employer should always consult with you individually and may have to consult collectively.

Workplace consultation

Workplace consultation involves your employer talking to you or your representatives about their plans and listening to your ideas.

If your employer is thinking about making redundancies, they should consult with any employees that could be affected by their decision. The consultation should aim to provide employees with a way to influence the redundancy process.

Consultation with individuals

Your employer should always consult you individually. This will normally involve:

  • speaking to you directly about why you have been selected
  • looking at any alternatives to redundancy

If this doesn't happen, your dismissal for redundancy may be unfair. This is known as unfair dismissal

Collective consultation – 20 or more redundancies

If your employer is thinking about making 20 or more employees redundant at one establishment within a 90-day period, they should consult with employee representatives. Only employees are included when counting the number of redundancies, not ‘workers’ without employment status.

Who your employer will consult with depends on whether you are represented by a Trade Union. This process is known as collective consultation.

Part 1 of 7 in this guide

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