To help you navigate the process, Partner and Head of Employment Law Natalie Abbott answers the questions employees most commonly ask when they first hear that their role may be at risk.
Q: My employer says I’ll be made redundant unless I can show why my role is still financially viable. Do I have to put together a proposal?
A: You’re not legally required to prepare a proposal. However, it may be helpful to think about:
- Why your role is still needed
- What value you add to the organisation
- What work cannot realistically be absorbed by others
It might also help to consider what other roles within the organisation you could carry out, and why you would be suitable for them. Any suggestions you make could support a more meaningful consultation.
Q: What counts as a ‘suitable’ alternative role?
A: Employers must make a reasonable search for suitable alternative employment during a redundancy process. This isn’t the same as having to offer you an alternative role, but if a suitable one exists and they do not consider it, the dismissal could be unfair.
A tribunal will look at whether a role is “suitable” by considering:
Your skills, experience and aptitude
Do your capabilities align with the requirements of the new job?
The terms of the role
Including:
• Job status
• Location
• Key tasks
• Pay
• Hours
• Level of responsibility
A significant drop in pay, for example, may make a role unsuitable.
Trial periods
If a role is offered and the terms differ from your current job, you’re entitled to a statutory four-week trial period. This gives both you and your employer an opportunity to assess whether the role is a good fit. If it doesn’t work out, you will still normally be treated as dismissed due to redundancy.
Q: Will my pay stay the same if I’m offered a suitable alternative role?
A: Not necessarily. Pay differences alone don’t automatically make a job unsuitable, but a significant reduction in salary is often seen as a strong indicator that the alternative role is not reasonable.
A crucial point to remember:
If you reject an alternative role that a tribunal considers “suitable,” you could lose your right to a statutory redundancy payment. If you’re unsure, it’s wise to get advice from an employment law specialist before making a decision.
Q: Should I take my case to a tribunal?
A: It depends on whether the redundancy process was fair.
You may have a claim if:
- The redundancy situation isn’t genuine, or
- The consultation wasn’t meaningful, or
- Your employer didn’t reasonably explore alternative roles
You must also have at least 2 years’ continuous employment (subject to upcoming reforms).
Before you can bring a claim, you’ll need to contact ACAS for Early Conciliation. ACAS will try to help you and your employer reach an agreement without going to tribunal. If this isn’t possible, they’ll issue a certificate allowing you to proceed with a claim.
Whether it’s “worth it” depends on your individual circumstances, but many employees find that simply going through Early Conciliation helps to resolve matters quickly.
Q: Am I entitled to time off to look for work or attend interviews?
A: Yes. If you’ve been given notice of redundancy, you’re entitled to reasonable paid time off, although there may be limits on how much of that time is paid.
Q: Can I ask to be placed on garden leave?
A: You can ask, but there’s no automatic right to garden leave. If your contract allows it, your employer may choose to place you on garden leave at their discretion. Regardless of whether you work your notice, are placed on garden leave, or are paid in lieu, you’re still entitled to receive your full notice pay.
If you’ve been told you’re at risk of redundancy, speaking with a specialist redundancy solicitor can give you clarity, peace of mind, and a clear idea of what to expect during the process.
Contact our Employment Team on 03456 465 465 or email enquiries@rotherabray.co.uk
