Employment solicitor outlines key employee rights as redundancy fears grow

Being made redundant can be a stressful and confusing experience, with many employees unsure of their rights or what steps they should take next.

With Acas reporting that 33 per cent of British businesses are likely to make redundancies by January 2027, more employees could face redundancy over the coming months, making it important to understand what support and protections are available.

Lloyd Clarke, Partner and Head of Employment Law at Attwells Solicitors, has outlined what employees should know if their role is at risk of redundancy, from the consultation process and alternative employment to redundancy pay and finding a new job.
 
Redundancy consultation: what should happen

If your role is at risk of redundancy, your employer should consult with you before making a final decision. If you are a member of a trade union, you may also be entitled to support from a union representative during the process.

Clarke said: “A union representative can provide support throughout the redundancy process, helping you understand your rights and raise any questions or concerns.

“During consultation, your employer should explain why your role is at risk and the basis for their selection, while giving you the opportunity to suggest alternatives to redundancy, such as moving into another role. Even if these suggestions are not accepted, your employer should listen to them and consider them before making a final decision. For consultation to be genuine and meaningful, it must take place at a formative stage when an employee can still potentially influence the outcome”

Suitable Alternative Employment

During the consultation period and at any time before dismissal takes effect, your employer should ensure that all potentially redundant employees are made aware of any vacancies that become available.

If your employer offers you another role within the company or an associated organisation, this may be considered ‘suitable alternative employment’.

Whether a role is suitable depends on factors such as the duties, pay, hours, location and how similar it is to your current position.

Employees who accept suitable alternative employment are generally entitled to a four-week trial period. However, unreasonably refusing a suitable role or unreasonably resigning or giving notice during the trial period, could affect your entitlement to statutory redundancy pay. Although you be treated as having been dismissed by your employer, you will lose your right to a redundancy payment.

Clarke explained: “Your employer should make you aware of any suitable alternative roles available. If suitable alternative employment is not considered, the redundancy process will likely be considered unfair, and this can be taken into account by the Tribunal in determining if the employer acted reasonably, as part of any subsequent unfair dismissal claim.

“Employees who are pregnant or taking maternity, adoption, Shared Parental, Neonatal or Bereaved Partners Paternity Leave may also have enhanced rights to be offered suitable alternative vacancies in certain circumstances. If suitable alternative employment is available, it must be offered to the employee in preference to any other employee who is similarly affected by the redundancy situation but is not within one of these protected categories.”

Employees should check their notice period

Employees should check their notice period; final salary and any redundancy pay they are entitled to receive.

Statutory notice is generally:

• Between one month and two years’ service – at least one week’s notice
• Between two and 12 years’ service – one week’s notice for each full year worked, up to a maximum of 12 weeks

Most employees need at least two years’ continuous service to qualify for statutory redundancy pay, although some employers may offer enhanced redundancy packages.

Employees should however be aware that some, but not all contracts of employment contain notice periods over and above statutory notice and so you may be entitled to a longer notice period than that referred to above.

Looking for work during your notice period

If you have worked for your employer continuously for at least two years as at the termination date, you are entitled to reasonable time off to look for another job or arrange training.

Clarke explained: “Being made redundant can be an uncertain time, so it is important to know you have the right to reasonable time off to look for work, attend interviews or arrange training.

“Your employer can only refuse a request if they have reasonable grounds. There are no formal steps for exercising the right to time off, although ideally, you should give your employer reasonable advance notice of the requested time off together with sufficient information about how you intend to use that time. You are also entitled to be paid for up to 40% of one week’s pay for this time.”

What to do if you are concerned about your redundancy

If you believe your redundancy has not been handled correctly, raise your concerns rather than simply accepting the decision. Before dismissal occurs, you should use the consultation meetings to challenge your provisional selection, discuss the basis for your selection, any procedural concerns and putting forward suggestions to avoid redundancy.

Keep copies of all redundancy-related correspondence, review your employment contract and relevant company policies and check your notice period, redundancy payment and final pay.

You may also be able to appeal the decision if you believe you have been unfairly dismissed by way of redundancy or your employer did not follow a fair process.

From 1 January 2027, the qualifying period for most unfair dismissal claims will reduce from two years to six months continuous service. An extra 5.6 million employee will qualify for unfair dismissal overnight.

Clarke said: “If you believe you have been unfairly selected for redundancy or that your employer has not followed a fair process, raise your concerns as soon as possible and consider seeking legal advice.

“Strict time limits apply for bringing an unfair dismissal claim in the Employment Tribunal, so it is important not to delay getting advice.

“Legal advisers can provide support during all stages of the redundancy process; understanding your rights and options from selection, navigating consultation meetings, negotiating enhanced redundancy packages or assisting in bringing a claim against your employer.”

Clarke concluded: “The redundancy process can feel overwhelming, particularly if you are unsure whether your employer has followed the correct procedure. Make sure you keep copies of any letters, emails and other documents relating to your redundancy, and carefully check the details of your notice and final pay.

“Seek all the advice you can get, whether from Acas, Unions, Citizens Advice, or formal legal advice from a Solicitor. Being made redundant can feel isolating and often affects confidence, but it is important to know your rights before making any big decisions.”

Source: ACAS