Workplace Guide: Redundancy
Introduction
This guide contains redundancy advice for tech workers, by tech workers.
To our best knowledge, the information that follows is correct, but we are not lawyers so can’t guarantee it. If taking action against your employer, it’s worth cross-checking this guide against other sources and, if possible, seeking your own legal advice.
This guide doesn’t reinvent the wheel. Much of this information is sourced from external resources linked in the final section. By collating it and adding further advice from a union perspective, we hope it will make your life easier.
We’ve written this with a UK-based audience in mind. If based elsewhere, check the laws in your area.
If you’re a union member, you can get support from trained reps. If you’re a UTAW member, you can also seek advice from UnionLine , the CWU’s employment law firm.
If you have any suggestions for improvement, please contact [email]. All feedback is welcome!
Redundancy is difficult and often stressful, but you are far from alone. Lean on your colleagues and your union for support. Take care not to burn yourself out during consultations or while looking for new work. Be kind to yourself, and take a breather when you need it.
Joining UTAW takes two minutes: utaw.tech/join .
Runbook
If made redundant, you could lose access to work systems at very short notice. If you suspect you could soon face redundancy or your employer notifies you that redundancies are incoming, it’s worth taking steps to prepare.
Steps could include:
- Downloading all of your payslips.
- Checking your email and address on all work systems is correct.
- Ensuring you submit any work expenses, and that any outstanding expenses have been reimbursed.
- Downloading copies of any performance review feedback you have.
- Taking notes on any projects you have worked on and the contributions you made to them (this will be useful for future interviews and CV writing).
- Get your CV in order.
Transfer copies of any important documentation stored on work systems to yourself, but take care not to keep anything sensitive (e.g. code). Organisations will often have safeguards in place to detect unauthorised transfers of data. Consequences could include forfeit of redundancy pay and immediate dismissal without notice. Don’t give yourself an unnecessary headache.
If you have been provisionally selected for redundancy, it may be worth:
- Connecting with your colleagues on LinkedIn or exchanging another form of contact details.
- Confirming who you can approach for a reference and taking note of their contact details (both phone number and work email, where possible).
After you have been dismissed:
- Join any alumni Slack/Discord/LinkedIn groups that exist, if interested.
- Check your eligibility for Universal Credit and Jobseeker’s Allowance.
- You may be eligible for Jobseeker’s Allowance even if you have a working partner or have significant savings.
- Don’t assume you won’t qualify.
- If you are eligible for government benefits, claim them. That’s what it’s there for.
- Check your eligibility for Jobseeker's Allowance here
- Assess your budget, check whether you have outgoings you can temporarily remove or reduce, and ensure you know how long you can live before you need another role lined up.
[ could include recommendations around job searching, where’s best to look for jobs, etc. ]
[ could include interview prep advice and resources ]
[ suggest people keep track of jobs they’ve applied to using some kind of tracker ]
This section of the guide was inspired by:
https://github.com/derwiki/layoff-runbook
https://github.com/Effective-Immediately/effective-immediately
Selection
What criteria can management use to select who is made redundant?
If a whole team or specific group of staff is being made redundant, your employer will have a list of roles they want to cut. No further criteria are necessary.
Otherwise, if your employer is looking to reduce the number of workers in an organisation or team, they need to draw up a list of roles to be considered for redundancy and define some criteria for selection. Selection criteria should be as ‘objective’ and ‘measurable’ as possible. It should not be affected by personal opinion but based on measurable facts.
All at-risk workers will typically be scored against the criteria. Each criterion can be weighted differently depending on what your employer wants to prioritise (for example, some may be scored out of 15, others out of 5). Criteria must be applied consistently for all workers in your selection pool.
Some typical criteria employers can use:
- skills, qualifications, and experience
- performance ratings
- attendance
- disciplinary record
- length of service
Unfair criteria include:
- pregnancy
- family, including parental leave and time off for dependants
- contract status (e.g. being part-time or fixed-term)
- acting as an employee representative
- acting as a trade union representative
- trade union membership status
- trade union activity (e.g. going on legal industrial action for 12 weeks or less)
- doing jury service
- being involved in whistleblowing
- age
- disability
- gender or gender reassignment
- race
- religion or belief
- sexual orientation
If you are dismissed using unfair criteria, an employment tribunal can rule your dismissal as unlawful, regardless of your employment status and length of service. You will need to make a claim to an employment tribunal within 3 months of the date your employment ends (so, the final day of your notice period, if you have one).
Ensure that no unfair criteria are indirectly applied. Some examples:
- length of service (“last in, first out”) can be considered, but if it’s the only means of selection used, it could be seen as age or gender discrimination.
- attendance can be considered, but if leave due to disability, pregnancy, or parental leave is included in this, it likely amounts to discrimination.
What is a selection pool?
Your employer may set up one or multiple selection pools. Each pool should include roles that are the same or similar.
Each pool should have clear selection criteria set out by management, and all workers in that pool should be scored in the same way. The criteria used across each pool can vary.
How many workers can my employer make redundant?
There is no limit on how many workers your employer can make redundant at once, but they must follow different rules depending on the number.
If making 19 or fewer redundancies within any 90-day period, your employer must hold individual consultations.
If making 20 or more redundancies in a single establishment (not necessarily the whole organisation, which could be much larger) within any 90-day period, your employer must hold both collective and individual consultations.
What is an establishment?
If 20 or more redundancies are made in a single “establishment” within an organisation over a 90-day period, collective consultations must be held. However, this term is vague and open to interpretation.
An establishment could be an entire organisation or a ‘distinct entity’ within an organisation. An entity could be argued as a ‘single establishment’ if it:
- manages its own workforce
- is reasonably permanent and stable
- can independently carry out the tasks assigned to it
- has its own technical means, equipment, and organisational structure
A typical example is a retail chain closing several of its physical stores. It could lay off hundreds of workers in total, but if each store operates as a distinct entity from the wider business and has fewer than 20 affected workers, it may not need to hold collective consultation.
The definition of “establishment” employers use is a common point of contention. They may seek to define it very narrowly to avoid their contractual obligations. If you believe your employer is taking advantage in this way, you should seek legal advice (if you’re in UTAW, reach out to UnionLine).
Does my employer need to offer voluntary redundancy as an option?
No, voluntary redundancy is offered at the discretion of the employer. If they have not offered it, but you believe they should, you can discuss this with management during consultations.
I am not provisionally selected. Am I safe?
If you have not been provisionally selected, but have been notified as at-risk, you are not safe from redundancy until dismissals are made and any appeal cases are resolved.
If another colleague in your selection pool is provisionally selected, but successfully argues their case during individual consultation or on appeal and raises their score against the criteria, you may be provisionally selected instead.
If you are provisionally selected later on, you should be individually consulted in the same way as your other affected colleagues. The time between your provisional selection and any notice of dismissal should not be any shorter than your other affected colleagues.
Is my employer allowed to stagger redundancies to escape collective consultation?
No. Staggered redundancies are allowed in general, but your employer should not make multiple, smaller groups of workers redundant over an extended period solely to avoid collective consultation. If they do, affected workers can bring a case to an employment tribunal and may be awarded compensation. Bear in mind that it may be a challenge to prove your employers’ intentions to a tribunal. We recommend you seek legal advice (if you’re in UTAW, reach out to UnionLine).
Timeline
How quickly can my employer dismiss me?
If making 19 or fewer redundancies in an establishment, there is no legal minimum time between the start of consultations and dismissal. However, your employer must follow a fair and “reasonable” process. If they fail to do this, you may be able to bring a case to an employment tribunal. Good practice would be to provide the same amount of time for consultation as if they were making 20-99 redundancies, so at least 30 days between the start of consultations and dismissal.
If making between 20 and 99 redundancies in an establishment, no workers can be dismissed any sooner than 30 days following the start of consultations.
If making 100 or more redundancies in an establishment in Britain, no workers can be dismissed any sooner than 45 days following the start of consultations.
If making 100 or more redundancies in an establishment in Northern Ireland, no workers can be dismissed any sooner than 90 days following the start of consultations.
Once your dismissal is confirmed, you will then need to serve your notice period. Your employer could let you go sooner by offering payment in lieu of notice, or could place you on gardening leave for the remainder of your notice.
How much notice of dismissal must my employer give me?
Employment contracts often state how much notice you will receive in the case of dismissal, so check that as your first port of call. The information that follows is the statutory minimum.
If employed for more than 1 year, you are entitled to 1 week’s notice for each full year of employment. For instance, if you have been employed for 3 years, you must receive at least 3 weeks of notice. The cap is 12 weeks.
If employed for between 1 month and 1 year, you are entitled to 1 week’s notice.
If employed for under 1 month, you are not entitled to any notice.
Rather than making you serve the remainder of your notice, your employer may opt to make a payment in lieu of notice instead.
My workplace has just completed a round of redundancies. How long before they can begin another round?
There is no limit on how long your employer must wait before carrying out a fresh round of redundancies. However, attempting further redundancies within 90 days of previous ones may trigger further obligations for your employer to consult with affected workers.
If your employer carries out a first batch of redundancies affecting fewer than 20 workers in an establishment, and subsequently proposes a second batch of redundancies within 90 days, collective consultation will be triggered wherever the total number of affected workers is 20 or more. Failure to collectively consult on all redundancies proposed within the 90 day period is illegal.
If your employer carries out a first batch of redundancies and collectively consults on their proposals, and subsequently proposes a second batch of redundancies within 90 days, they are not required to add the total from the second batch of redundancies to the first batch. For instance, if 30 workers are laid off in the first batch and 10 workers in the second batch, there is no requirement for collective consultation on the second batch (unless the employment contracts of affected workers state otherwise). If the collective consultation on the first batch is still underway, however, both batches should be merged and the consultation should be completed on all 40 proposed redundancies.
Consultation
What is collective consultation?
Collective consultation must happen when an employer:
- plans 20 or more redundancies in your establishment (“establishment” is not necessarily the organisation as a whole, which may be much larger).
- plans to make the redundancies within 90 days.
In collective consultation, management consults with representatives of affected workers in regular meetings. In a workplace with a recognition agreement, these will be trade union reps; otherwise, they will be employee reps.
Collective consultation must cover:
- the reasoning for redundancies
- ways to avoid redundancies
- ways to keep the number of redundancies to a minimum
- ways to limit the effects for affected workers (e.g. by offering retraining)
What is individual consultation?
Some form of individual consultation must happen in all circumstances, though there are no strict rules around what this process should look like.
Individual consultation is an opportunity for provisionally selected workers to meet with management before any final decisions are made. You should discuss:
- why management views redundancy as necessary
- the criteria management has used to select you and others
- any concerns you have about the process or your selection
- the possibility of time off, if you want any, allowing you to update your CV and search for new work
- ideas you have for alternatives that could avoid redundancy, for you or others
Management does not need to agree to any ideas you suggest but should meaningfully consider them.
There are no rules around how long consultation should last, but if 20 or more redundancies are made at once, there is a minimum time between consultations starting and dismissal (see ‘Timeline’ above). Even in the case of 19 or fewer redundancies, an exceptionally short consultation period could be seen by an employment tribunal as grounds for unfair dismissal.
Management should meet with you individually at least once during the consultation period.
You don’t have a legal right to be accompanied to meetings by a union rep or colleague, but it’s good practice and should be allowed. Ensure you give management notice that you will be accompanied and add them to any calendar invites. It is a good idea to have someone in the room who can observe the discussion and take minutes for you to review later.
If management is resistant to you bringing someone, emphasise how stressful you find the situation and that you will be reassured by having support in the meeting (tug at their heartstrings, in other words). Make clear that it is standard practice to allow a colleague or rep to attend and that denying such a request is unusual.
What is the difference between collective and individual consultation?
In collective consultation, management consults representatives of affected workers (either trade union or employee reps). In individual consultation, management consults affected workers one-to-one.
Collective consultations allow the collective workforce time to review the employer’s proposals and suggest any alternatives that could avoid or reduce redundancies. It’s also an opportunity to scrutinise the proposed selection criteria and suggest ways your employer can support affected workers (e.g. through redundancy packages or retraining).
Individual consultations are to let affected employees know why they were selected and to argue their case if they wish to stay.
What questions should I ask during my individual consultation?
If you have made peace with leaving your role and don’t wish to oppose your selection, you can simply tell management you have nothing to ask them.
If you intend to oppose selection, you need to understand why you have been selected and mount an argument that your scoring should have been higher and/or there are issues with the criteria they have used or how they have been applied.
Here are some questions you may find useful:
- What scores did I receive in the selection criteria and why?
- How many employees are in my selection pool, and how many of us are being made redundant?
- Why are [x] number of roles being made redundant from my pool specifically?
- Can I have the anonymised scores of my pool?
- Can I have the score I would have needed to achieve to be safe (i.e. the break point)?
- What sources of info did you use to create my scores?
- How was each of my scores calculated?
- How were the criteria measured objectively?
If you suspect inconsistencies in scoring across your pool, dig into this. Even if management is unwilling to answer a question, there’s no harm in asking.
Management should make every effort to share information with you so long as there’s no reasonable chance it could identify another employee in your pool.
My employer is carrying out a collective consultation and must hold elections for employee representatives. How does this work?
In collective consultation, management consults with representatives of affected workers. If there are no recognised trade union reps in your workplace, then employee reps will fill this role.
There may be an agreement in place that gives existing employee reps the right to represent workers (e.g. an information and consultation agreement, also known as an “ICE” agreement). If not, reps must be elected specifically for the consultation and training must be provided to them, paid for by the employer.
There must be at least one rep for each 50 employees, with a minimum of two and a maximum of 25 reps. It is for employers to decide how many rep slots there will be, but they should use this as a guideline.
Only workers can stand as candidates in the election, and priority should be given to those who are affected by the proposed redundancies[d].
All affected workers are entitled to vote in the election, and may vote for as many candidates as there are rep slots to be elected.
It is for the employer to decide how long the term of office for reps will be. If they are elected for a one-off consultation, they should remain in place for long enough to complete the consultation.
If a rep drops out, the employer must make arrangements to elect someone else in their place.
Once elected, employee reps are entitled to paid time off for training and for fulfilling their duties.
It is good practice for an election to be managed by an independent third party. In some cases, this can be a legal requirement.
The voting system used in an election is for the employer to decide. It may be a simple “first past the post” method or a more complex proportional representation system. The ballot must be held in secret. The election must be held at least 21 days after the employer publicises the voting system they intend to use, allowing time for any challenges to the proposed method.
The nomination system used is also for the employer to decide. Workers may be able to self-nominate, or may need to seek support from a sufficient number of colleagues to stand. The nomination process must be open for at least one week.
If the number of workers nominated is equal to or fewer than the number of rep slots available, no election is necessary. All nominated workers can be automatically appointed as reps.
If no workers are willing to stand for election as a rep, your employer can provide the information that would have been shared with reps in consultation with all affected workers directly, but this should be a last resort. In this case, no collective consultation actually occurs, and the employer may proceed straight to individual consultations.
My employer hasn't fully consulted us. What can I do?
Employers must always consult affected workers individually and should often consult collectively too.
Employers should seriously consider ways of avoiding dismissals where possible. They should also consider how to mitigate the consequences of any dismissals. If they fail to do this, they are not meeting their obligations.
In such a case, you can make a claim to an employment tribunal for “unfair dismissal”. If successful, your employer may owe affected workers compensation (a “protective award”) of up to 90 days’ full pay.
Any case brought before a tribunal is most likely to succeed if there is one or more of the following:
- a flagrant breach of minimum legal timescales with no reasonable justification.
- a clear failure to provide the information demanded by law during consultation.
- an obvious breach of meaningful consultation (e.g. dismissing workers before holding discussions).
Can collective and individual consultations run side-by-side?
Your employer should hold any collective consultation before starting individual consultations. That said, both can run at the same time. However, if workers are provisionally selected before collective consultation is complete, it may suggest your employer is not engaging in good faith, and could be looked upon poorly by an employment tribunal.
What are some alternatives my employer could consider instead of compulsory redundancies?
It may be possible for an organisation to make savings through means other than redundancy, and the collective workforce will likely have ideas for how to do this.
However, it may still be necessary to reduce staffing costs. Even then, compulsory redundancies can often be avoided. Some alternatives:
- Establishing a voluntary redundancy, or early retirement scheme.
- Freezing recruitment, and limiting the refilling of posts when workers leave the organisation.
- Reducing the use of temporary, agency, or casual staff.
- Reducing or eliminating overtime.
- Reducing working hours.
- Limiting pay rises.
- Moving workers into other roles through suitable alternative employment.
- Promoting voluntary unpaid leave.
- Promoting forms of flexible working that reduce costs (e.g. home working or job sharing).
Alternative employment
Does my employer need to offer me alternative employment within the organisation?
Your employer must offer suitable alternative employment within the organisation wherever possible. If a role is suitable, it should be offered to you instead of redundancy. The offer must be made in writing before your current employment contract ends, and it must start within 4 weeks of your current role ending.
If a suitable role is available but is not offered to you, you can make a claim to an employment tribunal for unfair dismissal.
If no suitable alternative roles are available, your employer can proceed with your redundancy.
What happens if an alternative role is available and multiple affected workers express interest?
In this case, the role must be offered to any workers on parental leave in the first instance. If this doesn’t apply, a fair process must be followed (e.g. holding interviews for the role). If you don’t win any available roles, your employer can proceed with your redundancy.
Am I entitled to a trial period in my new role?
Yes, you have a right to a 4-week trial period. If you need more time to train for the role, you may be able to agree to an extended trial period with your employer. It must be agreed in writing and have a clear start and end date.
If you decide to leave the role during your trial period, you may still be eligible for redundancy pay, but only if you have a valid reason for leaving (see below).
What happens if I am offered alternative employment and turn it down?
If you refuse an alternative role, you must have a “valid” reason why it’s not suitable if you are to remain eligible for redundancy pay. Examples include:
- the role is lower pay
- health issues
- difficulty getting there (e.g. because of a longer journey, higher cost, or lack of public transport)
- disruption it would cause to your family life
You can refuse an offer without a valid reason but will forfeit your right to redundancy pay.
If my employer offers some workers alternative roles, do they still count towards the overall number of people affected?
Yes, those offered alternative roles still count towards the total number of redundancies. For example, if your employer plans to make 17 workers redundant and offer another 5 workers alternative roles, the total number is over 20, so your employer must still collectively consult.
Dismissal
What should my letter giving notice of dismissal contain?
It should contain the following:
- Your notice period
- Your leaving date
- Any redundancy payment you are owed
- Any pay owed to you for any other reason (e.g. outstanding holiday pay)
- Method and timing of any payment
- Details on any appeal process
Can I take time off work if I receive notice of dismissal?
Yes, your employer must allow workers who are being made redundant a ‘reasonable amount’ of time off during your notice period to look for another job or undertake training.
You will only be entitled to 40% of your typical pay for each day you take off unless your contract specifies a higher amount.
You can only take time off once you are in your notice period. You cannot take time off if you have been provisionally selected.
Do I need to pay tax on earnings during my notice period?
Yes, you’ll pay tax on your earnings during your notice period. This remains true if you’re not required to work during this period (e.g. you’re given payment in lieu of notice, or you’re placed on garden leave).
Appeals
I've been dismissed but want to fight it. What can I do?
Your employer should offer the right to appeal. It is highly recommended that you join UTAW to gain access to rep support through this process.
If your employer has not set out a clear process and timeline for appeals, ask that they do so. Where possible, those who are involved in handling your appeal case should not be the same people who decided on your original selection. There is no set time limit for this process, but swiftness is in everyone’s interest.
If your employer has offered no right to appeal, or if your appeal is rejected and you still believe that the decision was unfair, you can make a claim to an employment tribunal for unfair dismissal. While “unfair” may seem a subjective term, employment law is clear. You will need to prove one of the following:
- The process your employer used was not fair.
- The decisions made in your specific case did not follow the process.
- You were discriminated against based on a protected characteristic.
If you have worked at your company for under 2 years, you cannot make an individual claim to a tribunal for any reason other than discrimination.
Any other arguments are unlikely to succeed. Employment law is complex, which is why union support is important to ensure you stand the strongest possible chance, and that you are realistic about your chances.
I appealed and my case was upheld. What happens now?
If your appeal has been upheld and your notice period is not yet over, your employment contract should continue as though you were never selected for redundancy in the first place.
If your notice period has already ended, you should be reinstated in your original role. In any future redundancy scenario, your length of service (“period of continuous employment”) will apply unbroken from when you were first employed. You may be owed arrears of wages between the end of your notice period and the date of your reinstatement. You will need to return any redundancy payment made to you.
I want to bring a case to an employment tribunal. How can I do this?
If you are a trade union member, your union will be able to help. UTAW members can contact UnionLine if they wish to bring a claim of unfair dismissal or are seeking owed redundancy pay. UnionLine can submit a claim to an employment tribunal on your behalf.[n]
Bear in mind that there are time limits on bringing a case before an employment tribunal:
- 3 months for unfair dismissal, or a contractual redundancy payment.
- 6 months for a statutory redundancy payment.
Some cases may only be viable if you were continuously employed for long enough. For instance, most cases of unfair dismissal can only be taken to a tribunal if you have served two years continuously. If in doubt, reach out to UnionLine.
[ mention any limits on seeking UnionLine support if a new member ]
If you are not a trade union member, you can submit a case online via the gov.uk website. See more here: https://www.gov.uk/employment-tribunals/make-a-claim.
Redundancy pay
How much redundancy pay am I entitled to?
Your employment contract may specify that your employer needs to pay more than the statutory (legal minimum) amount. Check your contract and speak to your recognised trade union if your workplace has one. Your employer can also award packages above and beyond the legal minimum. The information below relates to the statutory amounts only.
The gov.uk website has a statutory redundancy pay calculator that you can find here: https://www.gov.uk/calculate-your-redundancy-pay.
If you have been employed by your organisation for under 2 years continuously by the date your notice period ends, you are unfortunately not entitled to any redundancy pay.
If you have been employed by your organisation for 2 years or more continuously by the date your notice period ends, you are owed redundancy pay. This is calculated as:
- 0.5 weeks’ pay for each full year worked where you were under 22.
- 1 weeks’ pay for each full year worked where you were between 22 and 41.
- 1.5 weeks’ pay for each full year worked where you were 41 or older.
Weekly pay is the average you earned per week over the 12 weeks before the date of your dismissal. It is capped at £643 in Britain and £669 in Northern Ireland. It should include any regular overtime specified in your contract and any bonuses or commission.
Length of service caps at 20 years. This means the maximum statutory redundancy pay is £19,290 in Britain and £20,070 in Northern Ireland.
If you accepted reduced hours in the previous 12 months to avoid redundancy, your weekly pay must be calculated using your salary before the reduction in hours took effect.
Do I need to pay tax on a redundancy payment?
You will not pay tax or National Insurance on the first combined £30,000 of:
- statutory redundancy pay
- additional severance, or enhanced redundancy payments from your employer
- non-cash benefits (e.g. company property you keep after your employment ends)
You won’t pay tax or National Insurance on contributions your employer makes to a registered pension scheme as part of your termination payment (though you’ll owe tax on any employer contributions that exceed the Annual Allowance ).
You will pay tax and National Insurance on any aspects of your termination pay considered earnings. This includes:
- unpaid wages
- holiday pay
- bonuses
- payments you receive for agreeing to enter into a restrictive covenant (an agreement not to work for a competitor for a set time after leaving)
- payments you receive instead of working during your notice period (e.g. payment in lieu of notice)
How long can my employer take to make a redundancy payment?
Your employer must make any redundancy payment no later than your final payday. It can only be paid later if you both agree to another date in writing.
My employer refuses to make a redundancy payment I am entitled to. What can I do?
You can make a claim for payment to an employment tribunal.
If seeking a contractual redundancy payment (which may be higher than the statutory amount), you must bring a case before a tribunal within 3 months of your notice period ending (or your date of dismissal, if you have no notice period).
If seeking a statutory redundancy payment, you must bring a case before a tribunal within 6 months of your notice period ending (or your date of dismissal, if you have no notice period).
Supporting others
I want to support a provisionally selected colleague through their individual consultation. What should I know?
Start by reaching out to your colleague and, if necessary, introducing yourself. Let them know you’re there to help them and find out the times of their consultation meetings.
You should arrange a conversation with them beforehand to learn more about their circumstances:
- What outcome do they want?
- Is there anything they want to contest r.e. their selection? If so, what?
- What kind of support would they like from you throughout the process?
- Would they like you to attend their consultation meetings?
- If attending, how would they like you to act in meetings?
- to be stern or warm
- to ask questions yourself or only when prompted
If they plan to oppose their selection, help them build their case and plan out questions they would like to ask. A bullet point list of questions, ready to go, will be a huge help. You can send management these questions straight away or wait until the call. If they seem anxious, suggest they practise asking the questions out loud.
If you’re joining their consultation meetings, remind them that they should give management some notice, and have them add you to calendar invites. Bear in mind employers are not required to let workers bring a rep or colleague to consultation meetings (unless their employment contract states otherwise), but it’s certainly good practice. If management is resistant, have your colleague emphasise how stressed they are by their situation and how much having support in the meeting will reassure them.
During meetings:
You’re there for support and should only act as you’ve discussed. Never answer questions on behalf of your colleague.
- If you are asking questions:
- call out management on anything suspicious
- ask for further clarity on anything that remains unclear
- Take minutes of everything discussed.
- If they appear overwhelmed, jump in and ask to take a break for a few minutes.
Try to debrief after each meeting. Check in with them, see how they’re feeling, and form a plan of action moving forward.
It may seem daunting joining consultations as support, but it’s not actually very scary! The most valuable thing you can give your colleague is someone unequivocally on their side.
Trade union
My workplace is covered by a trade union recognition agreement. How does that affect the redundancy process?
If your employer collectively consults, and your workplace has a recognised trade union, management must consult your union reps on their proposals. They must also meaningfully consider any counterproposals your reps make.
Recognition agreements often impose stricter responsibilities on employers seeking to make redundancies than is set out in law. For instance, your employment contracts may specify that collective consultation is triggered even when fewer than 20 workers are provisionally selected.
Management may be required to negotiate with your union reps, not just inform and consult them, and seek agreement before they can proceed with any redundancies. Speak to your trade union and check the terms of your agreement to learn more.
I'm not yet a trade union member. If I join now, can I receive individual legal representation?
Rules vary by trade union, but generally speaking, you must hold membership for a set time before you can claim personal legal representation.
In UTAW, UnionLine is available to advise, but you can only use their services after [x] weeks of membership.
[ paragraph on how we get this is probably annoying but this is the reasoning for it xyz ]
External Resources
https://www.gov.uk/staff-redundants
https://www.gov.uk/redundancy-your-rights
https://www.gov.uk/termination-payments-and-tax-when-you-leave-a-job
https://www.gov.uk/employment-tribunals/make-a-claim
https://www.acas.org.uk/dismissals/unfair-dismissal
https://www.acas.org.uk/manage-staff-redundancies
https://www.acas.org.uk/collective-consultation-redundancy
https://www.cwu.org/unionline/other-legal-services/employment-services/