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Understanding Your Rights During Redundancy in London

Navigating the complexities of redundancy can be daunting, especially when it happens unexpectedly. At Pro Legal, we aim to demystify the process and provide you with the necessary knowledge to safeguard your rights. In this comprehensive guide, I'll walk you through the essential aspects of redundancy in London, ensuring you are well-prepared and informed.

What is Redundancy?

Redundancy occurs when an employer needs to reduce their workforce. This could be due to several reasons, such as business closure, reorganisation, or cost-cutting measures. It's essential to understand that redundancy is a form of dismissal, but it differs from being fired for misconduct or poor performance.

If you are made redundant, you may be entitled to statutory redundancy pay. This depends on your length of service, age, and weekly pay. The calculation is typically as follows:

  • Half a week's pay for each full year you were under 22.
  • One week's pay for each full year you were 22 or older but under 41.
  • One and a half week's pay for each full year you were 41 or older.

Additionally, you are entitled to a notice period, which varies based on your length of service:

  • At least one week’s notice if you have been employed for between one month and two years.
  • One week’s notice for each year if employed between two and 12 years.
  • 12 weeks’ notice if employed for 12 years or more.

Consultation Process

Employers are legally required to consult with employees before making them redundant. This involves discussing the reasons for redundancy, exploring alternatives, and considering any suggestions from employees. The consultation process varies based on the number of redundancies:

Consultation Requirements Based on Number of Redundancies
Number of Redundancies Consultation Requirements
20-99 employees At least 30 days before the first redundancy.
100 or more employees At least 45 days before the first redundancy.

Alternative Employment

Employers should offer suitable alternative employment within the organisation if available. If you accept a new role, you may be entitled to a four-week trial period to decide if the position is suitable. If the role is unsuitable, you can still claim redundancy pay.

Unfair Dismissal

If you believe your redundancy is unfair, you have the right to challenge it. Grounds for unfair redundancy can include lack of genuine redundancy, inadequate consultation, or unfair selection criteria. Seeking legal advice is crucial in these situations.

Next Steps

Redundancy can be a challenging and stressful experience, but being informed about your rights can make a significant difference. At Pro Legal, we strive to equip you with the knowledge and resources needed to protect your interests and move forward confidently. Stay informed, stay proactive, and remember, you're not alone in this journey.

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