A job for life?
Few of us believe we have a job
guaranteed for our working life, but it is still a devastating blow
to be made redundant. That's why unions like Amicus strive to
safeguard jobs. When that fails we can help ensure that you get
what you are entitled to if your job goes.
Many people don't realise that "redundancy"
also applies to when the need for a job to be done in a particular
place reduces or disappears. If you have been given a
different role, or been moved to a different workplace, you might
have redundancy rights. If the change of job or location means
that you feel forced to leave, you could do so with notice and a
redundancy payment. In some cases you even have a right to
redundancy pay at the end of a fixed term contract.
Your employer has a duty to consult you
before making you redundant or changing your job. If making 20
or more people redundant then there are minimum periods for
collective consultation with representatives too.
Selection for redundancy should be on a fair
and objective basis. An unfair system should be challenged during
consultation, but may also give you a claim for unfair dismissal,
which could give you damages above your redundancy payment.
How much redundancy pay can you
expect? There is a minimum depending on your age and length of
service, although there is no statutory right to redundancy pay if
you have less than 2 years continuity of service. Trade unions
often succeed in getting their members much more than the legal
minimum. Your contract might entitle you to more anyway, and
you can probably negotiate more if your employer wants you to sign
an agreement not to sue them.
If your employer cannot pay you can claim
your statutory redundancy and notice, from the government
(
click here
for more details of the statutory amount, and how to
claim).
If your job is changed, or you are moved to a
distant site, but you want to give it a go rather than immediately
leaving under redundancy, the law allows you a "trial period" of up
to 4 weeks, (or more if you need retraining and you and your
employer agree in writing to a longer period). If you then
decide you can't stick the new job you can still get your
redundancy pay, as long as you aren't refusing it
"unreasonably."
If you have been given notice of redundancy,
your employer should allow you reasonable time off for interviews
for other jobs, or to make arrangements for retraining, and should
pay your basic pay during that time off.
If you are paid redundancy by your employer
you should not be taxed on any payment up to £30,000. If
you're not paid you must lodge a claim with an employment tribunal
within six months to claim statutory redundancy pay. See
your union rep or a lawyer if you are made redundant, to ensure
that you don't lose out on rights, some of which are not covered in
this article, and which need action within a short time
limit.
