A Guide To Getting The Most From Redundancy
Written by David Neal
Posted on May 31, 2012
With more and more people being affected deeply by the recession, redundancy is becoming a worrying prospect for many. While redundancy can be a harsh experience, there are a number of laws in place to protect employees who find themselves facing it.
The process of redundancy is a precise one, with a number of fine points which ensure the employee sees a fair and impartial reckoning. Despite the existence of legal protection, redundancy can be dealt with in different ways.
Here, we look at a number of things you can do to ensure that the process is as harmless as possible.
Understanding The Decision
Employers are legally required to offer employees due notice when making them redundant. This notice should include a detailed and thorough account of the reasons for the redundancy and this should be read and understood. Employers are required to have sufficient grounds for redundancies and it is their duty to see that these requirements are fulfilled if they intend to go through with the decision.
Understanding the grounds for your dismissal is also key to avoiding it, should you wish to do so. When your employer outlines the reasons that your position is no longer viable or necessary, you will be better placed to make an argument against it.
You will be offered a formal opportunity to appeal the decision. This should be done with a full understanding of not only your employer’s grounds for dismissal, but also of the legal implications on either side. If you are unsure, it is best to seek legal advice.
Securing Adequate Compensation
The financial compensation which you receive from your employer should fall into three categories. This includes any unclaimed holiday pay, as well as a redundancy package and payment for the period of notice.
The notice period pay should be at least equivalent to the time specified by law. If your contract specifies a shorter period of notice, the law takes precedence. Conversely, if your contract offers you a longer period of notice, this will override the time designated by law.
See that the compensation you receive is at least equal to the amount you are entitled to by law. The redundancy package that you receive will be based on a number of factors including your current pay rate and tenure. While your contract may dictate that you see more than the legal minimum, it cannot declare that you are entitled to any less than this amount.
Following Developments Carefully
The laws surrounding redundancy cases are precise and strict. It can be hugely beneficial for those who are the subject of redundancies to make themselves aware not only of their own legal requirements, but of their employer’s too.
This can ensure that you receive the best deal possible. It can also help with your appeal if you discover that you have been treated unfairly and the best way to follow your case is in co-operation with legal professionals.