Are you a furloughed employee and worried you will be made redundant?

Q: I’ve been on furlough during the lockdown and my employer is now telling me they are making me redundant. Can they legally do that?

A: In theory yes.

Q: What is the redundancy process they have to follow?  

A: Your employer has an obligation to meaningfully consult with you so you can expect to have at least one meeting depending on the circumstances to discuss the changes that they are planning and the reason why you are at risk of redundancy. At that meeting you will be able to ask how your employer will select people for redundancy and whether there are any ways that redundancies can be avoided – if you can think of any then you should raise this! One of the best ways of protecting yourself in the redundancy process is to participate in it, don’t just sit on the side-line and listen.

At the end of the consultation process, your employer will consider what has been discussed and notify you of their decision.  You do have a right to appeal against their decision.

Note: The process will be different if your employer is making more than 20 redundancies within a 90 day period.  

Q: How much redundancy money will I be owed?

A: This depends on how old you are, how long you have worked for your employer and your basic earnings before tax.  You will need to be an employee and have worked continuously for your employer for at least 2 years to be entitled to a redundancy payment.  You may also be entitled to more than the Statutory amount if your contracts offers an enhanced redundancy package.

Q: How quickly will I get my redundancy payment?  

A: There is no fixed period of time – usually it will be agreed between Employee and Employer but arguably should be on the date of the final salary payment.

Q: If I don’t think they are following the rules who do I go to for help?

A: You can contact a Solicitor, or ACAS for advice.  If you are made redundant, you have a right of appeal, and if that is not upheld then you could make a claim in the Employment Tribunal.

But remember, the most effective advice you can take, to protect your job, is to engage in the process right at the start – as opposed to when the decision has been made. Knowing how to play the system to protect you can often make a huge difference in whether you get selected for redundancy in the first place.

Hopkins Solicitors offer a thorough redundancy consultation appointment for a fixed fee of £220+VAT to ensure you understand your rights in what can be a difficult and upsetting process. This consultation can take place over the phone and you’ll a detailed written advice letter afterwards.

If you would like to enquire about making an appointment please ring us on 01623 468468.