If you’re being considered for redundancy then it’s important that you know what your rights are so you can protect yourself against any potential unfairness in the redundancy process. Below is a list  of the rights that you are entitled to (if you’re an employee i.e. you have an express or implied contract of employment):

1. You have the right to receive a statutory redundancy payment (although you must meet certain conditions)

2. You may be entitled to a contractual redundancy payment (should there be an express or implied contractual right to such)

3. Should your employer be insolvent or refuse to pay then you have the right to apply to the National Insurance Fund for sums due under statutory or contractual obligations

4. You have the right to your contractual notice period (either serving it or paid in lieu). Should there be no contractual notice period then you will have to fall back on the length of notice stipulated under the statutory minimum notice

5. You have the right not to be unfairly dismissed (although you must meet certain conditions)

6. You have the right not to be selected for redundancy in certain circumstances. If your employer was to dismiss you in any of these circumstances then it would be automatically unfair.

Please note that the above is simply a brief summary of your rights in a redundancy situation and it is recommended that you obtain more substantive legal advice in such circumstances.


The Direct 2 Lawyers Employment Team post daily on interesting employment law cases, Employment Tribunal judgments and Employment Appeal Tribunal judgments. All of the Employment Team posts are written by qualified specialist employment lawyers

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