HOWZAT

The formal process. Your employer is obliged to follow a recognised procedure. Before making you redundant, your employer should explain why in writing; hold a meeting with you and a representative to discuss the matter, and hold an appeal meeting if you wish to contest the decision. You should be allowed to bring a colleague with you to these discussions. If a firm or organisation is making more than 20 people redundant within a 90-day period your trade union or another representative should be consulted before anyone is given notice.

It’s worth checking your employment contract, contacting the relevant trade union or other workforce representatives to find out what is customary and agreed practice in your workplace. Employment tribunals have established good practice which employers should follow to help ensure that the process is fair, objective and non-discriminatory; this includes the principles that the employer should give as much notice as possible and try to find alternative employment for those affected. For more information, go to the Citizens Advice Bureau

Selection. If an employer wishes to reduce its headcount, it has to work out a relevant pool of employees and rank everyone within that group according to fair and objective criteria. This is determined by the employer and could include performance assessments, attendance, skills and qualifications and/or disciplinary record. “Last in, first out” is no longer a favoured criterion because it penalises younger workers under age discrimination legislation. Your employer should be able to give a clear explanation as to why you have been selected. Unfair selection for redundancy is a type of unfair dismissal.

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. Visit www.acas.org.uk

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Advice for managers on how to handle redundancy matters sensitively can be found at the Chartered Institute of Personnel and Development, here: www.cipd.co.uk

What if I want to make a complaint? In law, there are many reasons for selecting employees for redundancy that are automatically unfair. For example, trade union membership; part-time status; pregnancy or maternity-related reasons; sexual orientation; sex; disability, race, age or religion. Employees must be given the opportunity to appeal their selection for redundancy. If your employer does not follow the proper procedures, your dismissal will automatically be unfair and you will be able to make a claim at an Employment Tribunal. According to www.direct.gov.uk you need to have one year’s service to make a claim for unfair dismissal in most cases.

In most cases, a claim will not be considered by a tribunal unless it is made within three months of the date on which your dismissal - or in the case of a number of redundancies the last dismissal - takes effect. Before going to an Employment Tribunal, you must follow your employer’s dismissal or grievance procedure. To find out more about making a claim at an Employment Tribunal, go to www.direct.gov.uk

You can disqualify yourself from a redundancy payment if you are offered your old job back or a reasonable alternative and you unreasonably refuse; you resign before the end of the redundancy notice period or you are dismissed for gross misconduct during that time.

The future. Your employer is legally obliged to give you paid time off to look for new work during your notice period, or to arrange training, if you have worked continuously for a period of two years. It is also good practice according to Acas for your employer to give you information about financial matters as well as advice and assistance such as access to a counselling service and help on writing your CV.

If you are worried or unsure about your personal situation, you should seek specialist advice for example, from your nearest Citizens Advice Bureau. Click here to find out more.

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