Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Just to confirm - do you actually have less than a year's service with the company?
Yes I started with the company on 3rd June 2013
You will have very few rights in this situation unfortunately. The requirements for a fair redundancy procedure would not apply to you because you are not protected against unfair dismissal (you need 2 years' service to claim that). It does mean that the employer could very easily select you for redundancy for any reason and without having to follow a fair procedure, such as offering you suitable alternative employment for example. They must still ensure your selection is not based on discriminatory reasons, such as gender, age, race, religion, etc but apart from that they can pick you at random or even deliberately select you for redundancy and not even consider you for other available roles of a similar nature, or allow anyone else to compete with you for whatever roles are available - the options are endless really, the key is that you cannot challenge the redundancy procedure they have followed
Thanks Ben - what, if any, recourse do I have? Are there any options available to me bar going quietly?
Legally, not many unfortunately. You are not entitled to a redundancy payment and the most you can expect is your contractual notice period and any accrued holidays. It does not stop you trying to challenge the employer whilst still working there, for example through internal channels, hoping that they just offer you something on the side to leave quietly but if they do not and this ends up in the dismissal due to redundancy, assuming you have been paid what you are due as mentioned above, that would really be the end of the matter
Thanks for your advice Ben, Charlotte.
You are most welcome, sorry it wouldn't have been better news