Content
Redundancy Written Statement
Right to Notice Alternative Work
Asked to leave immediately Redundancy or Unfair
Holiday Leave Dismissal?
Redundancy Checklist

Redundancy Pay
If you have been employed for more than two years with the same employer, you are entitled to statutory redundancy pay, calculated according to the length of time you have been with that employer.

Most firms, however, offer more than the statutory amount - the norm being 2 to 4 weeks' pay per complete year of service.

Right to Notice
You also have a statutory right to notice: normally one week per year of service, or longer if your contract of employment specifies so. During this period of notice, you will be entitled to have paid time off in order to look for another job.

Leaving Immediately
May companies will make a lump sum payment to cover salary to the end of your notice period, and then ask you to leave the company immediately.

If this is the case, you should ensure that non-salary benefits continue until the end of the notice period. These include employers' pension contributions, company car, company health scheme etc.

Holiday Leave
You will also be entitled to accrued holiday pay in lieu of taking a holiday.

Written Statement
You are entitled to a written statement of how your package was calculated.

Most benefits, such as pensions, company car and share option schemes, cease when the employment ceases.

You should, however, read your contract carefully as there may be provision for you to be able to continue schemes yourself.

Alternative Work
If you do not wish to go, you should ask for alternative work within the company. If there are any available jobs, you have a legal right to a trial period without endangering the compensation package which the firm may offer you.

Redundancy or Unfair Dismissal?
In some cases, the employee has not been made redundant but has been unfairly dismissed.
There are basically three types of unfair dismissal:

Job redundancy, where there has been a closure of the employer's business.
Employee redundancy, where there is a lack of work or the nature of the work has changed.
Place of work redundancy where the business is relocating.

If the redundancy does not fall under any of the above categories, it can amount to unfair dismissal.

Failure to consult with employees about proposed redundancies can also render the dismissal unfair.

"The essence of fair redundancy dismissal is fair selection, plus warning and consultation".

There are, however, two special cases:

(1) It is automatically unfair to select any employee for redundancy for a "trade union" reason.
(2) It is automatically unfair to select any employee for redundancy because she is pregnant.

If you feel you have been unfairly dismissed, you should seek legal advice immediately. You have only three months from the date of the end of your employment to bring a claim before an Industrial Tribunal.

Checklist
Ask for a written statement of how your final pay was calculated.
Ensure non-salary benefits continue until the end of the notice period.
Register as unemployed to ensure no break in National Insurance Contributions.
Notify your Bank and Mortgage Company.
Consider whether it is redundancy or unfair dismissal.

Remember - time is limited, so seek advice from us as soon as possible.

For further help and advice on redundancy, contact our litigation department on
Maghera: 028 96 42224

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