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Redundancy

Redundancy Lawyers Glasgow & Paisley, Scotland

As an employee, the prospect of being made redundant can be very stressful and uncertain, but the employment lawyers at Macnairs + Wilson are here to help you. Getting help from an experienced employment solicitor could save your job or at least ensure you get exactly what you are entitled to.

Get in touch with us today on 0141 551 8185 or complete our online enquiry form and we’ll get back to you.

What does it mean to be made redundant?

Redundancy is a form of dismissal from your job; however, it is not the same thing as being sacked. Generally, an employee will be considered to have been made redundant when:

  • The workplace is closing down
  • A smaller number of employees are needed to carry out a particular type of work
  • An employee’s job no longer exists
  • The work that an employee was employed to undertake is no longer being carried out
  • The business, or the employee’s role within the business, has moved to a different location

Am I entitled to a notice period if I am being made redundant?

Yes, you are entitled to a notice period before the end of your employment. Your employment contract may give you more than the statutory minimum, but it cannot give you less.

The statutory minimum notice period is:

  • At least one week’s notice if you have been employed for between one month and two years
  • One week’s notice for each year, if you have been employed for between two and 12 years
  • 12 weeks’ notice if you have been employed for 12 years or more

Your contract may also allow for 'payment in lieu of notice'. This means that if you were entitled to six weeks' notice, you would instead receive six weeks' pay. This is over and above any redundancy payment you are entitled to.

Will I get redundancy pay, and how much will it be?

If you are an employee, and you have been employed by your current employer for more than two years, you will usually be entitled to statutory redundancy pay. The amount you will get will depend on your age, length of service and weekly pay. You should receive:

  • Half a week's pay for each full year your employer employed you under the age of 22
  • One week’s pay for each full year of employment that you were 22 or older, but under the age of 41
  • One and half week’s pay for each full year of employment that you were aged 41 or older

There is an upper limit on the length service, which is capped at 20 years. Weekly pay is also capped at £525, and the maximum amount of statutory redundancy pay you can receive is £15,750.

Contractual redundancy pay

Your employment contract may allow for contractual redundancy pay, which is over and above the statutory amount. Redundancy pay under £30,000 is not taxable.

If you are being made redundant, it is vitally important you get the redundancy pay you are entitled to. Get in touch will our employment lawyers today if you are being made redundant and concerned about getting the money you are owed.

What happens if I think I have been unfairly selected?

Your employer should use a fair and objective way of selecting you for redundancy, and the selection criteria must be transparent. Common selection methods your employer may use are, but not limited to, skills and experience, attendance record or disciplinary records. They may also use first in, first out or voluntary redundancy.

It is unlawful for your employer to have a selection criterion which involves discrimination, for example, basing the selection on sex or race. In these circumstances, your redundancy would be classed as unfair dismissal. If you have been unfairly selected for redundancy, you may be able to claim compensation for unfair dismissal and/or discrimination. There is no minimum qualifying period to claim compensation for discrimination.

If you have been made redundant because the whole site or operation you work in is closing, then selection is not an issue as the entire workforce will be made redundant.

Employment Lawyers Paisley, Renfrewshire & Glasgow, Scotland

If you have are facing redundancy, we can help. Our expert employment lawyers provide employment law advice in Paisley and Glasgow, Kilbarchan, Houston, Kilmacolm, Bridge of Weir, Beith, Dalry, Dennistoun, East end as well as in Newton Mearns, Giffnock, Clarkston and East Kilbride.

Call us on 0141 887 5181 for our Paisley branch or 0141 551 8185 for our Glasgow branch or click here to complete our online enquiry form.

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