Can a company make you redundant then change their mind?

Once your employer has given you notice of redundancy, and you are no longer just ‘at risk’, then your employer cannot change its mind and withdraw that notice without your consent.

What is an unfair redundancy process?

What is unfair redundancy? Unfair dismissal occurs when an employer has not followed a fair redundancy process. You should always speak to employees directly about why you have selected them and look at any alternatives to redundancy.

Can you be made redundant if your job still exists UK?

Redundancy is only allowed if there’s no longer a need for the role to exist, and it certainly isn’t legal for you to be made redundant only for your job to be taken by someone else shortly after you’ve been made redundant.

What is the notice period an employee who has been made redundant lost their job must be given if they have worked for under one year?

According to redundancy law, you’re entitled to a minimum notice period of: 12 weeks’ notice if you’ve been employed for 12 years or more.

Can a company take you back after redundancy?

Once employment has terminated by reason of redundancy, if the economic situation suddenly changes and the employer needs to employ someone, it may re-employ the redundant employee. The employer is under no obligation to offer the redundant employee their job back; it is entitled to recruit someone else instead.

Do employees have the right to appeal redundancy?

There is no statutory obligation on an employer to offer employees the right to appeal a redundancy, however it is good practice to do so. As a minimum, the employer should ensure that the employee has the opportunity to challenge the decision to select them for redundancy during the individual consultation process.

Can I be made redundant but job still exists?

No, but often the issue of whether or not a job still exists is a complicated one. Your employer has to be reasonable when making you redundant. Your employer can make you redundant if they genuinely don’t need you to do your job and your skills are no longer needed.

Can you be made redundant without consultation?

If you’re an employee affected by redundancies, by law your employer must consult you. This is even if you’re not at risk of redundancy yourself. By law they must meet with you at least once. They might need to talk to you more than once to make sure they can respond to your suggestions or requests.

Does redundancy include notice period?

If you’re made redundant, your job won’t end straight away – you’ll get a paid notice period. You might get notice pay instead of your notice period – this is called ‘pay in lieu of notice’. As long as you work your normal hours in your statutory notice period you’ll get your normal pay.

When being made redundant What are you entitled to?

Redundancy pay is based on your earnings before tax (called gross pay). For each full year you’ve worked for your employer, you get: up to age 22 – half a week’s pay. age 22 to 40 – 1 week’s pay.

How do companies decide who gets made redundant?

The following criteria can be used when selecting employees for redundancy: Skills and experience; Attendance and disciplinary records; Standard of work performance; and.

What to do if you have to make redundancies?

If you do have to make redundancies you can get help from Jobcentre Plus. Employees have certain rights and may be entitled to redundancy pay if they’re made redundant. All employees under notice of redundancy have the right to:

Can an employer make an employee redundant and then hire someone else?

Employment lawyer’s answer: Unfortunately, employers are allowed to make an employee redundant and then hire someone to do the job for lower pay. This would include an apprentice carrying out the role after the previous employee was made redundant. However, they should have offered this role (and the pay) to you before hiring the new person.

Can an employer retain agency staff after redundancy?

Yes, an employer can continue to retain agency staff in the same or similar roles to permanent employees who are being made redundant. By doing so, however, it does raise the question of whether or not the redundancies are genuine or necessary, and many employers will come unstuck if they cannot justify retaining agency staff in this way.

Is it unfair to be made redundant for only 2 weeks?

If they have given your role to someone else then it is not a redundant role. It appears to be unfair dismissal and in that case, you should be entitled to a better deal. Only 2 additional weeks’ money is too little – it should be a number of months. Try our settlement calculator on this website, and aim for something along those lines.