Redundancy Advice for Employees

How we help employees with redundancy

Advice on redundancy rights

Understanding your rights during redundancy can allow you to quickly identify whether your employer is following the correct process and give you confidence to challenge any ways in which you believe you are being treated unfairly.

Our employment lawyers in Wales can provide plain English guidance on your rights and what to expect during the redundancy process. This can be particularly important for high level executives, managers and company directors who are more likely to be expecting enhanced redundancy packages.

Reviewing & negotiating settlement agreements

It is common for employers to offer a settlement agreement as part of redundancy proceedings. This is a legal agreement in which an employee will forfeit their right to bring an employment tribunal claim in relation to their redundancy. This is usually in exchange for a one-off payment that is separate to any other redundancy payments.

For a settlement agreement to be legally binding, you must receive independent legal advice before signing. This is usually funded by your employer and our redundancy solicitors will be happy to provide this advice for you, ensuring any settlement agreement you are offered represents the best deal available for you.

Our team can also represent you during settlement negotiations where required, helping you to secure the best possible agreement.

Appealing redundancy

If you have been selected for redundancy and feel the process for doing so was unfair, your first step should be to inform your employer of this.

Our team can advise you on whether you have grounds for challenging your redundancy and draft a letter to your employer clearly outlining your position.

Claiming unfair dismissal for redundancy

In some cases, it may be appropriate to make an employment tribunal claim for unfair dismissal. If successful, this could potentially see your employment reinstated or secure you significant compensation.

Our employment lawyers can advise you on whether we believe an employment tribunal claim is likely to succeed and explain how the process works. We can then assist with the preparation of your case and represent you during an employment tribunal hearing.

We can also advise you on the requirement to refer the matter to the Advisory, Conciliation and Arbitration Service (ACAS). You will need to register for early conciliation through ACAS first before taking your claim to a tribunal. This can allow the matter to be resolved faster and at lower cost and you can still take your claim to an employment tribunal if you are unable to secure an acceptable outcome through early conciliation.

For more information about how employment tribunal claims work, please review our guide to the employment tribunal process.

Redundancy advice fees for employees

Our pricing policy is based on fairness and transparency. We will advise you of the likely costs at the outset, including any applicable hourly rates. In some cases, we may be able to assist with specific matters on a fixed fee basis.

If you need advice on a settlement agreement offered as part of your redundancy, your employer will usually cover this cost.

Should you need representation for settlement negotiations or an employment tribunal claim, you will generally need to cover your own costs.

You can find out more about the costs involved with employment tribunal claims by reviewing our employment tribunal prices.

Redundancy FAQs for employees

How is statutory redundancy calculated?

If you have worked for your employer for at least two years continuously, your statutory redundancy pay entitlement will depend on two factors:

1. How long you worked for your employer
2. Your age during your employment

For every year where you were employed at the following ages, you will receive the relevant amount:

• 18-22 years old – 0.5 weeks’ pay
• 22-40 years old – 1 weeks’ pay
• 41+ years old – 1.5 weeks’ pay

The maximum you can receive is £538 per week and for up to 20 years’ service.

Can I claim unfair dismissal if made redundant?

To be able to make a claim for unfair dismissal, you need to show that the redundancy was unfair. This could either be because the reasons for your redundancy were unfair or because the redundancy process was not carried out fairly.

Valid reasons for redundancy include where:

• Your employer is going out of business
• Your employer has lost business and needs fewer staff
• Your skills are no longer required
• Your work can be done by other people
• You job is moving to a new location and you cannot relocate
• Another business has taken over your employer
• New technology has made your role redundant

If you believe the reasons for your redundancy may be unfair, it is important to get specialist legal advice as soon as possible.

How long after redundancy can you claim unfair dismissal?

You will have three months less one day from the date of your dismissal if you wish to make a claim for unfair dismissal.

When being made redundant do I have to work my notice?

In theory, yes, you will still be contractually obliged to your work notice. In practice, many employers will ask you to stop coming into work immediately and simply pay you for your notice period on top of any redundancy pay you are owed. This is sometimes referred to as being placed on ‘garden leave’ or ‘gardening leave’.

Can you be made redundant if your job still exists?

No, there has to be a valid reason for your redundancy and if your job still exists then your employer cannot reasonably argue that they no longer need you.

They could ask you to consider reducing your hours if there is no longer sufficient work to justify retaining you full time. However, you would have to agree to this unless your contract of employment states that your employer has the right to reduce your hours.

Can you be made redundant while pregnant or on maternity leave?

Yes, although this cannot be the reason that you are selected for redundancy. If you believe your pregnancy or being on maternity leave was the reason for your redundancy, you may have grounds for an unfair dismissal claim.

Can you be made redundant if you are on long term sick leave?

Again, as long as this is not the sole reason for your selection, then yes. You would have grounds for an unfair dismissal claim if you can show that being off sick was the reason for your redundancy.

Why use our redundancy solicitors?

Our Employment Law team has extensive experience advising employees of all levels on their redundancy rights and guiding them through redundancy proceedings. We can keep the process simpler and less stressful while helping to defend your right to be treated fairly.

We are ranked Tier 4 for Employment Law in Wales by respected client guide the Legal 500. This provides independent assurance of the quality of our legal advice across all areas of employment law, including redundancy.

We are regulated by the Solicitors Regulation Authority (SRA), ensuring we maintain the highest legal and professional standards at all times.

We are equally happy to talk to you in English or Welsh, with our firm including several Welsh speakers and a dedicated Welsh Language Co-ordinator. We are happy to communicate with you in person, through video conferencing, over the phone, by email or via whatever means are most convenient for you.

We have a number of offices covering the whole of South Wales, East Wales and West Wales, including in Swansea and Cardiff. Find out more by taking a look at the contact details for our other law offices in Wales.

Speak to our redundancy lawyers in Wales today

Get in touch with our redundancy solicitors in Wales now by contacting your local JCP office or filling out the enquiry form at the top of the page to request a call back.