As soon as you become aware that your employment may be at risk of redundancy seek advice immediately. Where Community is the recognised trade union in your workplace contact your Branch Secretary. If this is not the case, please contact the Member Service Centre.
The earlier Community Union become aware of the situation where you work, the greater the likelihood that Community representatives may be able to identify options to avoid the need for redundancy. Our Member Service Centre can advise on the fairness of any potential redundancy situation including any selection criteria and any grounds you may have for appeal.
Where an employer intends to make a large number of workers redundant within a 90 day period, the employer is legally required to consult with Community where we are the recognised trade union, or where we are not yet recognised, employee representatives.
The consultation period is for a minimum 30 days when between 20 and 99 employees are being made redundant, and a 90 day-period where there are 100 or more redundancies.
Where Community are the recognised trade union, the employer is required to consult with us regarding the selection criteria for the redundancies.
Selection criteria should be objective, fair and reasonably applied, and alternative employment should be offered where this is available as means of reducing the number of redundancies.
There are a number of grounds where it is automatically unfair to select employees for redundancy. These include selecting employees on the grounds that they are pregnant, for asserting their statutory rights, or for carrying out trade union activities or on the grounds that they are a health and safety representative.
Your contract of employment may provide for enhanced notice and redundancy pay provisions. However, if this is not the case employers are required to pay the lower of your normal week’s wages and statutory redundancy pay which is currently £380 a week for each week’s redundancy pay. An employee will be entitled to a redundancy payment when they have been continually employed for 2 years or more and is based on their age and length of continuous service in that employment with a maximum redundancy pay entitlement of 20 years service. Employees are entitled to a minimum of one week’s statutory notice of dismissal for each complete year of service up to a maximum of 12 week’s notice for 12 years service or more.
Ensure you retain your Community Membership
If you are made redundant it is important that you retain your membership so that Community can continue to support you through the process, and so that you and your family are still able to access the services available to you as a Community member. If you have been paying your subscriptions through your wages you will need to set up a direct debit payment. If you are already paying your subscriptions by direct debit, you will need to contact the Member Service Centre to amend the level of your subscriptions.
Communitas, our training arm, will be able to advise you about the training and learning opportunities available to you to help you get back into work.
This information is intended as a general guide and does not constitute legal advice. To find out information relevant to your situation, please contact your Branch Secretary or call the Community Member Service Centre on 0800 389 6332.