A Conversation for Coping With Redundancy

The LAW - for those in the UK, at least

Post 1

turvy (Fetch me my trousers Geoffrey...)

There are many Acts of Parliament that govern redundancy so it is easier to get information from sources that have distilled these into a readable form. Two good starting points are:

http://www.dti.gov.uk/ - the Department of Trade and Industry which has many advice leaflets for employers and employees on redundancy consultation, procedures, rights, a weeks pay (A weeks pay is surprisingly difficult to define and is key when calculating notice pay, holiday pay and redundancy pay!) etc. They have a section for employees and one for employers.

http://www.acas.org.uk/ - the Advisory, Concilliation and Arbitration Service. This organisation has much of the same information as the DTI but sometimes in a different form.

Three pieces of ESSENTIAL advice:

1. As soon as you get wind of redundancies SEEK ADVICE FROM A PROFESSIONAL. If you are in a Union go and speak to a local representative or the regional officer immediately. They may be aware of the redundancies and be actively involved or they may not. Even if your employer does not recognise unions it does not matter. The union can still act on your behalf. If you are not in a union see a solicitor (this will cost money after an initial free half hour) or, better still the local Citizens Advice Bureau. You can also speak to ACAS who will have a regional office.

2. DO NOT SIGN ANYTHING until it has been checked by one of the above. Especially, never, ever sign a document that has the effect of waiving your right to remedy in the Employment Tribunal. (I really cannot make this point strongly enough!!)

3. Be aware of time limits. Too many ex-employees loose the right to a hearing in the Tribunal because they miss the limitation date - 3 months from the effective date of redundancy. You can get the form IT1 even if you don't use it but it is better to let your representative do this for you.

The legislation governing redundancy sets out minimum standards, notice, pay etc. If your employer is offering better than this, you should accept it as long as you follow the three points above, especially number 2.


The LAW - for those in the UK, at least

Post 2

turvy (Fetch me my trousers Geoffrey...)

Just a quick update in these credit crunch times.

The DTI no longer exists although the link above still works. DTI became BERR and here is a link to their redundancy page - http://www.berr.gov.uk/whatwedo/employment/redundancy/index.html . They also have a ready reckoner page for redundancy pay - http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page33157.html .

Here is a link to the DirectGov redundancy page - http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/index.htm .

Lastly here is the ACAS page - http://www.acas.org.uk/index.aspx?articleid=1611


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