Work Issues

• Discrimination Respect@Work
• Discipline & Dismissal
• Health, Safety & Environment
• Maternity, Paternity & Other Leave
• Pay, Hours & Holidays
• Pensions & Retirement
• Redundancy
  • Most Asked Questions
    • Once I Am Redundant Am I Entitled To Benefits?
    • Who Pays My Redundancy Pay If My Employer Becomes Insolvent?
    • How Do I Qualify For A Redundancy Payment?
    • How Much Am I Entitled To When I Am Made Redundant?
    • How Much Notice Do I Get On Redundancy And Do I Have To Work It?
• Union Rights
• Right to Work in the EU
• Your Rights At Work

How Do I Qualify For A Redundancy Payment?

To qualify for a statutory redundancy payment you must:

 

·         be an employee; and

 

·         have two years continuous employment with your employer at the date of dismissal; and

 

·         have been dismissed by reason of redundancy.

 

·         Dismissal occurs where:

 

·         your contract has been terminated by your employer with or without notice; or

 

·         you terminate your contract of employment with or without notice because of your employer’s unreasonable conduct (constructive dismissal); or

 

·         you are employed for a fixed term and your contract expires but is not renewed.

 

• No dismissal has taken place if your contract has been renewed or you are engaged under a new contract of employment and the offer is made to you in writing before the end of your contract and is to take effect within four weeks from the end of your original employment.

 

·         Redundancy would occur if the dismissal is wholly or mainly because:

 

·         your employer has stopped or intends to stop business in the place where you are employed; or

 

·         your employer has stopped or intends to stop business for the purposes for which you are employed; or

 

·         your employer’s need for people carrying out work of a particular kind in the place where you work has stopped or reduced or is expected to do so.

 

You may lose your right to a redundancy payment if you unreasonably refuse an offer of suitable alternative employment made before the end of your original contract.  The new job must begin at latest four weeks after your original employment ends.  Whether the offer is a suitable alternative to your original job depends on factors such as location, pay, hours, holiday, grade, status and travel to work.  Even if it is suitable, the employee might still get a redundancy payment if he/she has good grounds for turning it down e.g. personal circumstances or problems that make it reasonable to do so.  If in doubt, you can try the new job for up to four weeks before deciding whether to accept it or not.

 

There are special, complex rules covering workers who are laid off or are on short time. In summary, lay off happens when an employee gets no money because there is no work.  Short-time means getting less than half a week’s pay.  When either happens for at least four continuous weeks of for at least six weeks out of thirteen, the employee can write to their employer claiming redundancy pay.  There are then very tricky rules about notices and counter-notices.  If this happens to you, contact your GMB representative for further information.

 

Your Employer Should Give Advance Warning Of Possible Redundancies And Consult With The UnionAnd Individuals Likely To Be Affected