Citizens Advice Wiltshire has helped more than 1,450 people with almost 3,500 employment issues since lockdown.
Pay and entitlements, Redundancy, Terms and conditions, Furlough and Dismissal are the top employment issues we have dealt with during the pandemic.
We have helped people with a huge range of issues since lockdown, but we know that as the furlough scheme winds down, 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.
For information and advice:
call us for free on 0800 144 88 48 or
contact us for advice by email
Citizens Advice Wiltshire’s seven things to check if you’re at risk of redundancy
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.
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.
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.
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, up to a maximum of 12 weeks. 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’.
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 notice. The notice must be at least twice as long as the holiday they want you to take.
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.
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 visit Citizens Advice’s pages on leaving a job for further information and advice.
Or call us on 0800 144 88 48 or contact us by email.
Published 30 September 2020
Notes
Between 23 March 2020 and 22 September 2020 Citizens Advice Wiltshire helped 1,451 people with 3,495 employment issues. During this 6 month period employment was the number one advice issue people sought our help with directly.