In the workplace, redundancy is usually a type of dismissal due to circumstances unrelated to behaviour or job performance. Reasons for redundancy could include the organisation closing down or changing location, the role you were hired for no longer exists, and the business trying to cut costs by reducing the number of staff. It's important to remember that this is not a reflection of your performance but rather a result of these factors. If you've been selected for redundancy, it is important to know your rights and options.
Losing your job due to redundancy can result in a loss of income and job security, impacting your ability to support yourself and your family. Additionally, redundancy can affect your benefits, such as pension and health insurance, and cause emotional distress and uncertainty about the future. Furthermore, redundancy can potentially impact your career and future employment prospects.
You have the right to appeal a redundancy if you think you were selected unfairly or your employer did not follow a fair process. The redundancy appeal process allows you to challenge your employer's decision and potentially overturn it. This process can be complex and daunting, but understanding your rights and options is crucial to protect your interests.
This article will:
Guide you through the redundancy appeal process
Explain the legal grounds for appealing a redundancy decision.
Explain the steps involved in the appeal process and tips for presenting your case effectively.
Cover possible outcomes of the appeal process and the next steps if your appeal is unsuccessful.
Table of Contents
- Redundancy and your rights
- On what grounds can you appeal a redundancy?
- How to appeal a redundancy decision
- Timeline for appealing a redundancy
- What to expect during the redundancy appeal meeting
- The role of a companion in a redundancy appeal
- What are the possible outcomes of a redundancy appeal?
- What should I do if my redundancy appeal is unsuccessful?
- Can you appeal a redundancy after accepting redundancy pay?
- Chances of success in a redundancy appeal
- How long does a redundancy appeal take?
- Conclusion
Redundancy and your rights
Your employer must follow a fair process when making you redundant, which includes:
Consulting you before making you redundant;
Using a fair and objective selection process if your role is one of several at risk;
Offering you alternative roles within the company if a suitable role is available.
Notice periods
You are entitled to a minimum notice period, which is based on how long you have worked for your employer. This can range from one to twelve weeks. Your employer may provide a longer notice period, but this is not mandatory. The notice period allows you time to find new employment or make necessary arrangements.
Redundancy pay
You may be eligible for statutory redundancy pay, which is calculated based on your age, length of service, and weekly pay. The maximum amount of statutory redundancy pay is capped at 30 weeks' pay. You may also be entitled to contractual redundancy pay, which is outlined in your employment contract. This pay is intended to support you during the transition to new employment.
Other rights
You have the right to time off to look for new employment or make training arrangements. This allows you to take reasonable time off during your notice period to secure new employment or training.
Additionally, your employer must consult with you about the redundancy process, providing you with information and answers to your questions.
You are also entitled to a written statement explaining the reasons for your redundancy. If you disagree with the redundancy decision, you have the right to an appeal process.
Your statutory rights depend on the length of your continuous employment:
If you have been employed for at least two years, you are entitled to statutory redundancy pay, a notice period, and the right to claim unfair dismissal if the redundancy process was not fair.
If you have been employed for less than two years, you may not qualify for statutory redundancy pay or the right to claim unfair dismissal. However, you still have rights under your employment contract, and your employer must comply with the terms outlined in that contract.
On what grounds can you appeal a redundancy?
If you wish to appeal a redundancy, it must be based on at least one of the following reasons:
Unfair selection criteria
If you believe the criteria used to select you for redundancy were unfair, biased, or discriminatory, you have the right to appeal.
The criteria may have been unclear, not properly communicated, or applied inconsistently or unfairly.
Furthermore, they could have been based on assumptions or stereotypes rather than factual information.
Lack of proper consultation
You can appeal if your employer fails to consult with you or your representatives during the redundancy process.
This includes failing to provide adequate information about the redundancy process, ignoring your views or suggestions, and not allowing sufficient time for consultation.
If you are a trade union member, your employer's failure to consult with your representatives may also be grounds for appeal.
Discrimination
If you think you have been treated unfairly or less favourably than others due to discriminatory reasons such as age, gender, race, disability, sexual orientation, or religious beliefs, you have a valid reason to appeal.
Failure to consider alternative employment
If you're facing redundancy, you have the right to appeal if your employer doesn't explore alternative employment opportunities within the company.
This includes failing to consider you for alternative roles or departments, neglecting retraining or redeployment opportunities, and failing to provide adequate support or resources to help you find new employment within the company.
How to appeal a redundancy decision
The following are the steps involved in appealing a redundancy:
1. Gathering evidence
When appealing a redundancy decision, gathering evidence to support your case is crucial. This includes documents and records related to your employment, such as your employment contract, correspondence with your employer regarding the redundancy process, minutes of meetings with your employer, and any relevant company policies or procedures.
You should also keep records of any conversations with your employer, including dates, times, and details of what was discussed.
Additionally, gather evidence supporting your claim of unfair selection, such as performance reviews, appraisals, or testimonials from colleagues.
2. Consulting with a Trade Union Representative or Lawyer
A trade union representative or employment lawyer can help you understand your rights, gather evidence, and draft a strong appeal letter.
A trade union representative can also support and represent you during meetings with your employer.
A lawyer can provide legal advice and representation and help you navigate the legal process.
3. Writing a formal appeal letter
Your appeal letter should be formal, clear, and concise.
It should include a clear statement of your intention to appeal the redundancy decision, a detailed explanation of the grounds for your appeal, and evidence to support your case.
You should also clearly state the outcome you want, such as reinstatement or a review of the redundancy process.
Your letter should be addressed to the appropriate person, usually your HR representative or manager. Make sure to keep a professional tone and avoid being confrontational or aggressive. Include all relevant details, such as your employee number, job title, and dates of employment.
Timeline for appealing a redundancy
Most companies require you to submit an appeal within five working days of receiving your redundancy notification. This is a common timeframe, but it's essential to check this against your employment contract or company handbook as policies can differ.
If you miss the deadline, you may still be able to submit an appeal, but you will need to provide a valid reason for the delay. Some companies may accept a late appeal under exceptional circumstances, but this is not guaranteed.
To avoid missing the deadline, it's recommended that you:
Check your employment contract or company handbook to confirm the appeal timeline
Seek advice from a trade union representative or lawyer as soon as possible
Start gathering evidence and preparing your appeal letter immediately
Submit your appeal letter within the specified timeline
What to expect during the redundancy appeal meeting
During the redundancy appeal meeting, you will have the opportunity to present your case and challenge the redundancy decision. This meeting is typically conducted by a panel or an individual, often a member of the HR department or a senior manager who was not involved in the original decision.
You will be given the chance to express your concerns bout the redundancy decisions and present any evidence that supports your appeal. The panel or individual hearing the appeal may also ask questions to clarify your points and gather more information. They may also provide their perspective on the redundancy process.
After you've presented your case, the panel will review the evidence and your arguments. They will then deliberate on whether to uphold the redundancy decision or overturn it.
Tips for presenting your case effectively
Collect and organise all relevant documents, emails, and other evidence that supports your case.
Rehearse your key points to make sure you can present them clearly and confidently.
Stay calm and professional.
Avoid raising your voice or appearing confrontational.
Present factual evidence and avoid making assumptions or unsubstantiated claims.
Don't make personal attacks against those involved in the redundancy decision.
Present your points clearly.
Keep your arguments focused on the redundancy decisions and the reasons you believe it was unfair or flawed.
Listen carefully to the panel's questions or comments and take a moment to think before responding to questions.
By being well-prepared and presenting your case in a calm, factual, and professional manner, you can make a strong appeal against your redundancy. The key is to focus on the process and the evidence, rather than emotions or personal grievances, to give yourself the best chance of a successful outcome.
The role of a companion in a redundancy appeal
Facing a redundancy appeal can be stressful and emotional. A companion can offer comfort and reassurance, helping to boost your confidence during the meeting.
In many cases, employees choose a colleague or a union representative to accompany them. However, if allowed by your employer's policies, you may be able to bring a trusted family member or friend along.
It’s important to select a companion who understands the seriousness of the meeting and can maintain a professional demeanor. They should be someone who can stay calm under pressure and contribute positively to the meeting.
Whoever you choose, you should make sure they are clear about their role, which is to support you rather than take over the discussion.
What are the possible outcomes of a redundancy appeal?
When you appeal a redundancy decision, there are generally two possible outcomes:
Acceptance and reinstatement
Rejection and continuation of the redundancy
If your appeal is successful, the redundancy decision is overturned and you may be reinstated to your original role or offered a similar position within the company. Any redundancy pay that you have already received may be revoked.
If your appeal is unsuccessful, the redundancy process will continue and you will receive the agreed-upon redundancy pay and notice period.
What should I do if my redundancy appeal is unsuccessful?
If your redundancy appeal is unsuccessful, you may be able to:
Claim unfair dismissal
Claim for discrimination
Negotiate a settlement agreement or exit package.
It's advisable to seek legal advice when pursuing any of these options, especially if you're considering a claim for unfair dismissal or discrimination.
Can you appeal a redundancy after accepting redundancy pay?
Accepting redundancy pay generally indicates that you have agreed to the terms of redundancy. However, this does not necessarily mean you have waived your right to challenge the fairness of the redundancy process itself.
But, if you have signed a settlement agreement (often referred to as a compromise agreement), this might include a clause that you will not pursue further claims, including appealing the redundancy.
Chances of success in a redundancy appeal
The chances of success in a redundancy appeal depend on the individual circumstances and strength of your case. Factors that can influence the outcome include:
The reason for the redundancy decision
The fairness and transparency of the redundancy process
Procedural errors or flaws
The existence of alternative roles or suitable employment.
Generally, appeals are more likely to succeed if:
The redundancy decision was unfair or discriminatory
The process was flawed or did not follow company procedures
Alternative roles or suitable employment were available but not offered.
How long does a redundancy appeal take?
The timeline for a redundancy appeal is often outlined in your company's redundancy policy or employee handbook. Some companies may aim to resolve appeals within a set period, such as 10 to 14 days from when the appeal is submitted.
However, if the appeal involves complex issues, such as allegations of discrimination or procedural errors, it may take longer to investigate and resolve. In such cases, the process could take several weeks or even longer.
Conclusion
Appealing a redundancy decision can be a complex and challenging process. To increase your chances of success, it's essential to understand your rights, gather strong evidence, and present a well-prepared case.
While accepting redundancy pay does not automatically waive your right to appeal, it could influence the outcome, making it even more critical to approach the appeal strategically.
If you're considering an appeal, seeking professional legal advice is highly recommended. An employment law expert can provide you with tailored guidance, help you understand your rights, and support you in building a compelling case.
At Lawhive, our experienced network of solicitors is here to assist you with your redundancy appeal.
We offer personalised guidance and strong advocacy to help you achieve the best possible outcome.
With our support, you can approach the appeal process with confidence and optimism.
Contact us today to schedule a consultation and take the first step toward protecting your rights.