What Are My Legal Rights with Redundancy

If you are fired, you have a number of legal rights. What happens during the counselling phase of my discharge? Acas provides free, confidential and impartial advice on all matters of employment law in England, Scotland and Wales. Call the Acas helpline on 0300 123 1100 or visit the Acas website You can get advice on dismissals at Acas (Advisory, Conciliation and Arbitration Service) or at the Council for Citizens. Dismissal can be overwhelming if you don`t know where you stand legally. We asked a lawyer to explain employees` layoff rights and clarify some of the key issues surrounding this situation. Your employer may try to consider other options before deciding on layoffs, such as changing hours of work, making a voluntary offer to severance, or transferring employees to other roles. As an employee, you are only entitled to severance pay if you have worked for your employer for two years or more. In fact, if your employer tries to fire you a week or two before the end of the two years, you are probably still eligible for severance pay because you have a one-week notice period that counts for both years. This situation does not restrict the new employer`s right to dismiss, but must do so for so-called „ETO” reasons – economic, technical or organisational. There must be no discrimination or unfair trials.

You must be fairly selected for dismissal, for example based on your experience or ability to do the job. If your employer has dismissed more than 20 people over a 90-year period, they must follow the rules of collective consultation. This means that your employer must consult with union representatives or employee representatives, or directly with employees if none exists. They must explain the planned redundancies and how they selected these people to dismiss them. Sales representatives should have time to review the plans. The complete steps can be found here. As an employer, you must fairly choose which employees to terminate. Employees may be fired based on their skills and experience.

They cannot be selected by age, gender, disability, ethnicity, etc. Employees who have been with you for two years or more are entitled to statutory severance pay of: Your employer should schedule a meeting with you to explain what is happening and why. You may be asked to give your notice of termination outside of work. „That`s why it`s important to review these documents – you might be able to argue that the dismissal wasn`t genuine, especially if your employer didn`t meet its obligations,” she says. „It may seem chaotic to be honest with those who ask you how you`re doing, or who shamefully say, `I lost my job,` but trust me, so many people know what it`s like to be unemployed (or feel unemployed) for a while,” she says. Your employer must conduct a collective consultation. This means that you must consult with your union representative, if there is one, or, if there is no union representative, your elected employee representatives. Another potentially valid reason for terminating an employee is dismissal. You can lay off employees if you need to downsize. You can lay off all your employees if your business closes completely. You only have the right to terminate employment if you are classified as an employee – an employee or self-employed person is not entitled to severance pay. If you can be told what to do, have an employment contract and work regularly, you are more likely to be an employee.

So you need to know what your employment status is and you can check with your employer or get advice about it. If you fire an employee without good reason, they may be able to take legal action against your company. You must give employees a paid layoff. The legal requirements are as follows: TUPE transfer rights are employee rights that occur when your employer sells or transfers the business or includes or excludes parts of it. The contract is concluded between the buyer of the company and the employee. This is called a „garden holiday”. This means that even if you don`t actually work, you`re still legally employed and receive your normal salary and benefits, but: And then there`s voluntary layoff, where employers can ask for volunteers or you can volunteer. Your employer may refuse to give you a voluntary dismissal if they really want to keep you. Employers must always consult with employees before firing them for termination.

If they refuse and you still think you have a case, you can seek legal advice to bring them before the labour court. Ideally, you request voluntary termination in writing and follow the procedures or guidelines required by your employer. Under the Termination Act, you are entitled to a minimum notice period of: When it comes to employees` dismissal and termination rights, you need to do them properly – or you could face a complaint that ends in a costly court ruling. First, employers must consult with workers on how to avoid layoffs and mitigate their effects when they occur. If they do not advise at all, they will almost certainly make unfair dismissals. If your employer did not follow a fair process when selecting for dismissal, they may sometimes ask you to sign an agreement stating that you will not go to an employment tribunal. This is often against an additional payment. This is called a „compromise agreement”. If 20 or more workers are dismissed, the consultation process under the Dismissal Act is more structured and must involve trade union representatives or employee representatives. Your employer only has to consult you individually. All employees have the right to be fired, regardless of the duration of their work.

If you`re worried about being fired or have been fired, here`s what you need to know. In short, your employer should tell you what`s going on and give you an opportunity to ask questions and raise objections. Employers must indicate the minimum notice period set out in the National Employment Standard, and it depends on the length of your stay with the company. „If you`ve been with your employer for a year or less, you`re entitled to at least one week`s notice,” says Targett. „The maximum you can achieve under national employment standards is four weeks` notice if you`ve been with them for more than five years. The exceptions are persons over 45 years of age who have completed at least two years of service in the company, which entitles them to an additional week of dismissal. This amount includes any benefits in kind that are part of your severance package, such as a company car or computer. These receive a monetary value and are added to your departure request. Learn more about your severance rights at TUPE. For instant financial advice based on your situation, start with our Money Navigator tool Should my employer offer me another role within the organization? Layoffs are fair in most cases, but employees are still protected by significant severance entitlements. A terminated employee who has been with you for two years or more has the right to ask you for a written statement stating the reasons for your termination. You must submit the written declaration within 14 days of the request.

„Part of a fair selection process for terminations is probably setting objective criteria and applying them consistently,” said Peter Woodhouse, a labor lawyer at Stone King Law Firm. „If such a system is not put in place, I would look very carefully at whether the dismissal was unfair. Every person who has been dismissed has the right to have his or her employer consulted. To qualify for severance pay under National Employment Standards, Targett requires you to work continuously with your employer for at least 12 months. „For example, if you have been employed for at least one year but less than two years, the minimum severance pay is four weeks` salary. Employees with at least nine years of service, but less than 10 years, are entitled to severance pay of at least 16 weeks,” she says. With fewer than 20 redundancies, it is considered good practice for employers to follow many of the same principles as collective consultation. You should consult individuals at risk individually. Cate Sevilla was editor-in-chief of The Pool when the business collapsed and experienced the grief, shame and risk that comes with losing your job. An employer must appeal for behavioral dismissals, but not for dismissals.

You have no legal right to appeal a termination.