If you have been offered voluntary redundancy, are facing compulsory redundancy, or if you are concerned that your job may be at risk, our solicitors can help. Unfortunately, redundancy is common and it can be a very challenging time for employees and businesses. Our solicitors can provide practical advice and guide you through the redundancy process, ensuring your best interests are represented at every stage. To discuss your circumstances, call our team today on 01738 623432 or use our online enquiry form.
Redundancy - Your Rights Explained
Redundancy happens where your employer has a reduced need for employees to carry out a particular type of work. Most redundancy situations arise as a result of a downturn in business. However, redundancy may also occur in other circumstances, such as where technology replaces a particular role in a business and therefore means that fewer employees are needed to carry out a particular task.
What does it mean to be made redundant?
Redundancy is a form of dismissal from your job; however, it is not the same thing as being sacked.
Typically, redundancy situations come under one of the following categories:
- Where the business is closing
- Where a particular site is closing
- Where a business continues to operate but needs fewer employees to carry out the work
Regardless of the situation, your employer must follow the correct redundancy procedure. If your employer fails to meet the requirements of redundancy procedure, you may be able to bring a claim for unfair dismissal.
What Must My Employer Do in a Redundancy Situation?
If your employer is considering making redundancies, they must consult with employees who could potentially be affected. Employees must always be consulted individually. Where 20 or more redundancies may take place, the employer has a duty to consult employees collectively. Collective consultation includes entering into discussions with employees as a group, as well as any elected staff representatives or trade unions.
At Macnabs, our solicitors offer practical solutions to your employment law problems. We will guide you through the entire redundancy legal process, protecting your position at every stage.
Redundancy Selection Procedure
In many situations, an employer will not need to dismiss all of the employees that carry out a particular role and will need to select employees for redundancy. The employer must have a fair selection process in place. This includes:
- Considering which employees should be included in the redundancy selection pool
- Setting objective criteria for selection to assess employees in the selection pool
- Making sure that the assessment and scoring is carried out objectively
What happens if I feel I have been unfairly selected?
Your employer must also consider whether they could offer you an alternative role in the business.
The process must be free from any discriminatory criteria. For example, your employer may not use a "last in, first out' selection procedure as this may amount to age discrimination.
If you have been unfairly selected for redundancy, you may be able to claim compensation for unfair dismissal and/or discrimination. There is no minimum qualifying period to claim compensation for discrimination.
If you have been made redundant because the whole site or operation you work in is closing, then selection is not an issue as the entire workforce will be made redundant.
Contact our Redundancy Solicitors, Perthshire, Tayside & Stirlingshire
If you are concerned about redundancy, or if you are an OVO or SSE employee and worried that your job is at risk, contact our team to find out how we can help. We have offices in Perth, Blairgowrie, Pitlochry and Bridge of Allan and serve clients in Perthshire, Tayside & Stirlingshire and across Scotland. You can call us on 01738 623432. Alternatively, complete our online enquiry form, and someone will be in contact with you right away.
