Redundancy Quick Tip Sheet
If your employer plans to make 20 to
99 positions redundant they must consult with elected worker reps for a minimum of 30 days.
If it’s more that 99 the consultation is 45 days.
provide support, back up and guidance to ensure yourself and your colleagues can have an effective collective response to company proposals and are treated fairly.
If there is less than 20 in the proposal there
does not have to be a collective process, but the individual process below applies.
Employers must also consult you individually
if your job is at risk of redundancy.
You are likely to be invited to 3 one to one consultation meetings. The purpose of these meeting is for your employer to explain the proposal and for you to ask questions,
make challenges and propose alternatives. It is important to use these meetings to make challenges. Your employer should not be allowed to simply go through the motions.
Your invite letter may suggest you can
be accompanied by a union rep. If you have organised with your work colleagues and elected a workplace union rep you should request this person. If you have no workplace rep we will not be able to accommodate an external rep at this stage. We will however
guide you through the process and assist with points and arguments to raise.
You should always ask for copies of written notes of one to one meetings and don’t be afraid to ask for these to be amended
if you feel they are not accurate.
You employer has a duty to ensure you understand what is happening. So if English is your second language don’t be afraid to request your employer provides an interpreter.
If you are selected for redundancy this must be confirmed to you in writing.
pay is 1.5 weeks for each completed year of service age 41 and above and 1 weeks pay up to age 40.
You should also be provided one week’s notice for each completed year of service.
Any accrued and untaken holiday should also be paid.
A redundancy is a dismissal therefore you have the right of
appeal. Unite will help you to identify any grounds for appeal, and help draft your appeal letter. It is at this stage we will provide an external rep to accompany you and help present arguments at an appeal hearing.
If you have worked for your employer for more than 2 years you may have a legal claim for unfair dismissal, unfair selection or failure to consult collectively. We will help
to assess the merits of your case and advise on how to register with ACAS for Early Conciliation.
If the assessment identifies
potential legal merits we will make a referral to Union lawyers who will consider all documents and evidence to make a more detailed assessment and advise on whether to proceed with an Employment Tribunal claim.
If there is a favourable assessment you will be provided with legal representation to pursue a claim. As a member you will not be charged legal fees and the union would
not expect any percentage of compensation negotiated or awarded.
Back to Work Membership
In order to continue to receive support you will need
to keep up to date with your union contributions. However, you can reduce your rate to less that £1 a week under our Back to Work membership rate. This includes a range of services and benefits designed to support you while you are out of work.
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