2 Employment
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2. Do I need a contract of employment?
3. Do I have the right to work in the UK?
4. What is the least I should be paid?
5. How many hours can my employer make me work?
6. Does my employer have to recognise my trade union?
7. What if I´ve been dismissed unfairly?
8. Bringing a statutory claim for unfair dismissal
9. What if I've been made redundant?
If your employer needs to make some staff redundant, they should try to be as fair as possible in how many people they make redundant and how they choose them. Before they confirm their decision, they should also speak to staff to see if they have any ideas about how the redundancies could be avoided. If you are chosen from a group of employees to be made redundant, your employer should explain the criteria they have used to choose people. These criteria should be objective (based on facts) and could include factors such as:
- your disciplinary records;
- your attendance at work and timekeeping; and
- how long you have worked for your employer.
Even if there is a genuine cause for redundancy you may still have been unfairly dismissed if your employer has not followed a fair procedure to choose you. This could be if, for example:
- your employer has not properly consulted staff;
- the criteria for choosing people to be made redundant were unfair; or
- your employer did not offer you an alternative position when it was possible for them to do this.
If you want to make a claim for unfair dismissal, you must normally have been employed for at least a year. If you are made redundant after more than two years' work, you will be able to claim a statutory redundancy payment. This is worked out in almost the same way as the basic award for unfair dismissal (see 'How compensation is worked out'). If you think you were made redundant unfairly, you cannot usually claim both the basic award and a statutory redundancy payment. You must make a claim for statutory redundancy within six months of finishing your job. If your employer will not pay, you can make a claim to an employment tribunal.
If you've been dismissed along with a group of people
There are separate rules covering when an employer wants to make 20 or more employees redundant in a 90-day period. Before people are made redundant, the employer must consult trade unions that represent the workforce or, if there are no such trade unions, representatives chosen from the employees involved. The period of the consultation should be at least:
- 30 days, if the employer wants to make between 20 and 99 employees redundant; or
- 90 days, if the employer wants to make 100 or more employees redundant.
If the employer doesn't do this, the employees may be able to claim compensation.
10. Bringing a contractual claim for wrongful dismissal
11. What if I´ve been discriminated against?
12. What are my rights if I work part-time?
13. What are my rights if I´m having a baby?
14. Can I take leave as a new father?
15. What are my rights if I´m adopting a child?
16. What other leave can I get after my child is born or adopted?
17. Can I change my working arrangements if I have children?
18. Can I take time off if I am someone´s carer?
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Ian Hunter, Head of the Employment Department, Bird & Bird, Solicitors.
The leaflets are regularly updated but the law may have changed since they were printed so the information in them may be incorrect or out of date.
Leaflet Version: July 2007
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