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Vents Magazine > Blog > Business > Redundancy Pay and Entitlements: Understanding Your Rights
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Redundancy Pay and Entitlements: Understanding Your Rights

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Last updated: 2023/06/07 at 9:14 AM
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Facing redundancy can be overwhelming, but being informed and proactive can help alleviate some stress. Redundancy pay may be available, so it’s essential to understand the process and entitlements.

It’s important to remember that redundancy packages are not fixed and can vary based on various factors such as company, sector, position, and seniority. Carefully analyzing your situation before accepting any offer is crucial.
Remember, redundancy is negotiable, and it’s vital to prioritize your interests by assessing your position and exploring all options available to you. When placed into this position, it’s recommended to seek independent advice from expert redundancy solicitors who will help to protect your interests. Don’t let redundancy catch you off guard – be informed and prepared.

Your Entitlement to Redundancy Pay as an Employee

As an employee, you may be curious about whether you have a right to redundancy pay. There are two types: contractual and statutory.

Contractual redundancy pay becomes relevant when your fixed-term contract of two years or more is not renewed, or when a sequence of shorter contracts totals two years or more.

Statutory redundancy pay is mandatory for your employer to pay if you have worked continuously for two years and are made redundant due to a genuine need.

It is crucial to note, however, that you may lose your right to redundancy pay if you turn down a job offer from your employer without a valid reason, or if you acquire another job before your current one ends. Furthermore, circumstances like being self-employed, a police officer, or a domestic worker may disqualify you from receiving redundancy pay.

In conclusion, as an employee, you may be eligible for redundancy pay in certain conditions. Knowing your rights and eligibility is vital to making informed decisions regarding your job situation.

What You Need to Know About Redundancy Pay

As a redundant employee, you should receive your pay through direct bank transfer, just like your wages. Your employer is obligated to provide a written explanation showing how they calculated your redundancy payment.

But, there are cases where you may be underpaid. If this happens, you should first inform your employer in writing, providing evidence of what you are owed.

If that doesn’t work, you can reach out to the Advisory, Conciliation and Arbitration Service (ACAS) for impartial assistance in employment disputes. They can help you come up with alternate resolutions to avoid going to court completely.

However, if things still don’t pan out and you need to take legal action against your former employer, bear in mind that the process can be daunting and costly. Therefore, it’s a good idea to seek advice from a local Citizens Advice professional before proceeding.

What Happens If Your Employer Goes Bankrupt?

In the unfortunate event that your employer goes out of business, there are still options available for you to receive your statutory redundancy pay and owed holiday pay. You can claim these funds from the Insolvency Service, rather than directly from your employer.

If your employer is unable to pay you due to insolvency, the Special Managers will provide you with instructions on how to apply for the funds, as well as a case reference number. You will need this number to initiate your claim, which can be completed online through the GOV.UK website.

Take advantage of this service to retrieve any outstanding payments from your employer, such as commission and wages, as well as the aforementioned holiday and redundancy pay.

What to Do if Your Employer Fails to Pay You Properly

If you suspect your employer has underpaid you for redundancy, or if you feel discriminated against in any way, your initial course of action should be to directly address the matter with your employer. Consider consulting with your trade union representative if you have one. If your employer refuses to cooperate, you can take your concerns to their grievance procedure for resolution.


Closing thoughts

In closing, redundancy is an understandably difficult and distressing experience; however, there are a variety of solutions available to help those affected on their journey back to work. 

It is important for organisations, as well as the government, employers, and individuals themselves, to take proactive steps in order to reduce redundancy levels; thereby helping to provide stability for future generations of employees.

Owner June 6, 2023
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