Your Employment Rights

Your Employment Rights

As an employee you have rights. If you get an inkling that dismissal or redundancy could be on the horizon, then it is worth knowing exactly what rights you have.

  • Redundancy. When employers know that redundancies are needed they must provide what is known as a consultation period. During this process the employer will let all staff know who will be made redundant and why. At this stage you may be able (usually with the help of representatives and/or the union) to put forward alternative proposals for your employer to consider.
  • The consultation should begin as soon as possible. For twenty to ninety nine redundancies the minimum legal period for consultation is set at thirty days before the first dismissal takes place. For one hundred or more redundancies it is ninety days. It doesn't matter how many people are facing redundancy your employer should consult with you.
  • You shouldn't find out about your redundancy from anywhere else. Employers should not issue redundancy notices or make public announcements without prior consultation taking place.
  • If your employer doesn't meet the consultation requirements a complaint can be made to an Employment Tribunal. If the tribunal finds against the employer it will make a protective award. If you want more details on consultation periods go to DirectGov.
  • Dismissal. Since 6th April 2009 there have been statutory procedures in place in relation to dismissals. All organisations have to follow minimum disciplinary, competency, dismissal and grievance procedures in certain circumstances. There is a three step statutory disciplinary, dismissal and grievance procedure which must be followed in most cases. The basic stages are letter, meeting and appeal. If your employer fails to follow the statutory procedures before dismissal this will make the dismissal automatically unfair.