By law an employer must consult employees before making any redundancies. Even if you’re not at risk of redundancy yourself, your employer must still consult you.
Failure to consult employees before making redundancies could mean employees can take their employer to an employment tribunal.
In this article, our specialist Employment Solicitors explain what to do if you’ve been made redundant without consultation.
I’ve Been Made Redundant Without Consultation
“I’ve been made redundant without consultation, what can I do?”. Being made redundant is a significant life event, which may bring a huge amount of stress and anxiety at an unsettling time.
In the unfortunate event you’ve been made redundant without consultation, it is more than likely your redundancy was unfair and you could be eligible to make a claim against your employer.
Depending on the situation you could be entitled to make a claim for either unfair dismissal or a protective award.
Unfair Dismissal Redundancy Claim
When an employer fails to warn and consult an employee before making them redundant, this could be deemed as unfair dismissal by a Tribunal. Therefore, you would have the right to bring forward an unfair dismissal claim against your employer. For further information please read our article, making the redundancy process fair.
Contact our experienced employment solicitors today on 033 3344 9603 to discuss making an unfair dismissal claim.
Protective Award Claim
When an employer proposes to make 20 or more employees redundant, they must follow the ‘collective consultation’ within a 90-day period at a single workplace. Within this process the employer must not only conduct an individual consultation with the employees, but also inform and consult representatives from a recognised Trade Union or where employees do not have a Trade Union recognition, an appointed or elected employee representative. Failure to do so could mean employees are entitled to make a protective award claim.
A protective award claim is compensation awarded by an Employment Tribunal because your employer failed to consult you and 19 or more employees from one workplace before making you redundant.
The amount of compensation payable to each affected employee can be up to 90 days’ pay for redundancy.
In situations where you’ve been made redundant because your employer has become insolvent then the Government’s Insolvency Service may be obliged to pay the compensation awarded for the protective award claim. However, the amount the Insolvency Service will pay for the protective award is capped at 8 weeks’ pay.
For further information please read our article, what is a protective award claim and am I entitled to one or call us on 033 3344 9603 and a member of our employment team will be more than happy to discuss this with you.
Specialist Employment Solicitors
Morrish Solicitors are a well-established Law Firm based in Leeds, West Yorkshire. We provide a range of legal services to private clients, Trade Unions, Associations and their members. Our team of friendly and professional employment solicitors can advise on a range of employment matters including redundancy.
If you’ve been made redundant without consultation, speak to our specialist employment solicitors today on 033 3344 9603 or simply email [email protected] with your request.