What to do if you’ve been made redundant: Your rights and next steps
Redundancy can be a stressful and uncertain time, particularly for mums balancing their careers with family life. Understanding your rights and options is crucial in navigating this transition smoothly. In this blog we ask Susie Al Qassab, Senior Consultant, Solicitor at Bellevue Law to provide an overview of redundancy rights, financial entitlements, and steps to take if you wish to challenge a redundancy decision.
Your Legal Rights in a Redundancy Situation
Currently, any employee, including those on maternity leave, can be made redundant at any time. However, the government has announced plans to introduce new protections preventing dismissal for pregnant employees and new mothers for up to six months after returning to work, except in specific circumstances. The exact scope and timing are still to be confirmed, so watch this space.
If you have two years of continuous service, you have statutory protection against unfair dismissal. Additionally, you are protected from discrimination under equality laws from your first day of employment.
For a redundancy to be legally valid:
- There must be a genuine redundancy situation.
- Selection for redundancy must be fair and non-discriminatory. If you are selected for redundancy due to pregnancy or maternity leave, this is automatically unfair and discriminatory.
- Your employer must follow a fair process, which includes meaningful consultation, considering alternative roles, and providing a right of appeal.
If an employer proposes making 20 or more redundancies within 90 days, this triggers statutory collective consultation obligations with employee or trade union representatives, in addition to individual consultation.
What Redundancy Pay Can You Expect?
Employees with at least two years of service are entitled to Statutory Redundancy Pay, though it is a modest amount. You can calculate your redundancy entitlement here: UK Government Redundancy Pay Calculator.
Some employers may offer enhanced redundancy packages, often in exchange for a waiver of legal claims via a settlement agreement. These enhanced payments are at the employer’s discretion unless a contractual entitlement exists.
Redundancy payments up to £30,000 are usually tax-free and should be paid in addition to notice pay and any outstanding holiday pay (both taxable). If there are concerns about the fairness of the redundancy process and/or compelling goodwill arguments, you may be able to negotiate a more generous package.
Alternative benefits to discuss with your employer include:
- Flexible notice arrangements (garden leave or payment in lieu of notice)
- Outplacement support (CV help, LinkedIn profile building, job search assistance)
- More detailed references beyond just role and dates of employment
- Waiving or reducing post-termination restrictions
- Employer assistance in securing external job opportunities
How to Challenge a Redundancy
If you believe your redundancy is unfair or discriminatory, you have several options:
- Raise concerns with your employer: During consultation meetings or via a formal or informal grievance process.
- Gather evidence: Request relevant documents (job descriptions, organisational charts) to assess the business case for redundancy. You may also submit a data subject access request, though this can take time.
- Seek external support: You can also seek information through a question-and-answer procedure (ACAS has some useful guidance https://www.acas.org.uk/asking-and-answering-questions-about-discrimination)
- Negotiate a settlement: Employers may be open to discussing an enhanced exit package.
- Consider legal action: If unresolved, you can seek legal advice about bringing a claim to an employment tribunal. Act quickly, as the deadline is three months (less one day) from the dismissal date. You must notify ACAS before making a claim.
- Protection against victimisation: Employers cannot treat you unfairly for raising discrimination concerns. If they do, it may amount to unlawful victimisation under the Equality Act 2010.
Final Thoughts
Facing redundancy can feel overwhelming, but knowing your rights and options can help you take control of the situation. Whether you’re negotiating an exit package, seeking a new role, or considering legal action, there is support available.
For legal advice, reach out to an employment solicitor or explore further resources at www.acas.org.uk.
MiMs is here to support you. If you’ve recently been made redundant, our paid community offers networking opportunities, job search support, and expert advice to help you take your next steps with confidence.
This article is based on insights from legal specialist Susie Al Qassab, Senior Consultant, Solicitor at Bellevue Law. It is provided for guidance only and readers are advised to seek specialist legal advice as needed in their own situation.
Susie Al-Qassab
Senior Consultant, Solicitor
E: susie.al-qassab@bellevuelaw.co.uk
T: 020 3432 2110
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