We have helped over 770 people with more than 1,800 employment issues since lockdown. Universal Credit, benefits and tax credits, employment, debt and housing are the top issues it has dealt with during the pandemic.

Paul Nicholls, our CEO, said: “We have helped people with a huge range of issues since lockdown, but we know that, as the furlough scheme draws to an end, lots of people may be feeling worried and need advice.

“If you’re at risk of redundancy, it’s important to know you do have rights to help protect you from unfair dismissal and to ensure you’re paid what you’re owed.

“It’s completely understandable that you may find the rules and procedures overwhelming, but you don’t have to face redundancy alone. We are here to help.”

Our seven things to check if you’re at risk of redundancy

1. Check if your redundancy is fair. There are rules to protect you from being discriminated against, and for being picked for redundancy due to an unfair reason.

For example, although you can be made redundant while pregnant or on maternity leave, you cannot be made redundant because you’re pregnant or on maternity leave. If you are this counts as “automatic unfair dismissal” and
discrimination.

Examples of unfair reasons for redundancy can include being picked because you work part-time or you made a complaint about health and safety.

See Check if your redundancy is fair for more information.

2. Check how much redundancy pay you get. You’re entitled to statutory redundancy pay, which is the minimum the law says you’re entitled to, if you’ve been an employee for two years. The amount you will get depends on your age and how long you have worked for the company. You won’t get statutory redundancy pay if you’ve worked for the company for less than two years, are self-employed or are in certain professions such as the armed forces or police.

You may also lose out on statutory redundancy pay if you turn down a suitable alternative job from your employer without a good reason. Your employer may also pay extra money on top of the statutory amount you’re entitled to – this is
called contractual redundancy pay. Some employees may be entitled to contractual redundancy pay even though they are not entitled to statutory redundancy pay.

3. Furloughed? Make sure you get 100% redundancy pay. If you were furloughed and then made redundant, your redundancy pay should be based on your normal wage.

If you were paid 80% of your wages while on furlough, your redundancy pay should be based on your full wage.

You can visit Citizens Advice’s pages on leaving a job for further information and to check how much redundancy pay you can get.

4. Check your notice period. If you’ve worked for your employer for at least a month you’re entitled to a paid statutory notice period. If you’ve worked there for more than a month but less than two years, you have to be given a week’s
notice. For two years or more, it’s a week for each full year you have worked, u to a maximum of 12 weeks. Check your contract – you may be entitled to a longer notice period as part of your employment contract.

Your notice period only starts when your employer says you’ll be made redundant and gives you a finishing date – not when your employer says you’re at risk of redundancy.

Your employer might decide to give you notice pay instead of your notice period – this is called ‘pay in lieu of notice’.
If you were furloughed and then made redundant, your notice pay should be based on your normal weekly wage.

5. Check your holiday pay. You’ll be paid for any holiday you have left over when you leave. This should be at your normal rate’s pay, even if you’re currently furloughed on 80% of your pay. You can ask to take holiday during your notice period, but it’s up to your employer to decide if you can take it then. Your employer can also tell you to use up any holiday you have left over, but they must give you you notice. The notice must be at least twice as long as the holiday they want you to take.

6. You might be entitled to paid time off to look for work. If you’ve worked for your employer for two years at the end of your notice period, you’re likely to be entitled to ‘reasonable’ time off to apply for jobs or go on training. You can take
the time off at any time in normal working hours and your employer can’t ask you to rearrange your work hours to make up the time off. When taking time off to look for work, you’ll be paid at your normal hourly rate, but only for up to 40%
of a week’s work – for instance for up to two days if you work a five day week. See preparing for after redundancy for more information.

7. Check if you’ve got legal help via your home insurance. Often people get legal expenses cover as part of their home insurance package, but many don’t realise they can get free legal help to challenge their redundancy if they think it’s
discriminatory or unfair. It’s worth checking the terms and conditions and speaking to your insurer if unsure.

If you have a trade union at work, you could also contact them. Your union can help you work out if you’ve got a claim, and support you through the process, for example by going to meetings with you or negotiating on your behalf.

You can get free confidential advice from Citizens Advice Cheshire West by phoning Adviceline: 0344 5766111 or using the email enquiry service. Alternatively you can get in contact through webchat accessed via the Citizens Advice website website.

Published: July 11, 2021

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