Losing your job can be distressing enough, without trying to understand the complexities of employment law. If you’ve got a question you’d like answering, please get in touch with us and we’ll do everything we can to help.
Q. I have been in my current role with my employer for 3 years and I have been told to attend a meeting as my role is due to be made redundant. I have found an alternative role with my employer which I feel matches my current skills and experience. Can I move into this new role?
A. When an employer is looking at making redundancies they must consult with you and explain the reasons why you have been selected for redundancy with the employer looking at all alternatives before reaching the decision. 
If this process has not been carried out by the employer then it could be argued that the redundancy was unfair.
Your employer will need to have a fair and objective way of selecting those people who are to be made redundant with the decision being one based on evidence before notice is given. Depending on the circumstances the employer could decide to create a selection pool and use an objective method to determine who will fall within this pool. If you feel that an unfair criteria has been used then you should write a letter to the employer clearly stating that you wish to appeal and the basis of the appeal. The way in which you have been selected will determine whether you have been made redundant fairly.
If the employer has decided to make you redundant then they should consider you for any suitable alternative roles. What will be determined as an alternative role will be controlled by the pay, how close it is to your old job, the terms of the job being offered and the skills which are going to be used in the new role. It is also important that the employer should give you the opportunity to apply for any internal vacancies as failure to do so could mean that the redundancy is an automatic unfair dismissal.
If the employer does offer an alternative role then you will be entitled to a four week trial period where you can decide whether the new role would be right for you. If you decide it isn’t then you should inform the employer of this and you will not lose any rights to your statutory redundancy payment. If, however, you come to the end of this trial period and have not informed the employer and later leave, your employer may argue you have accepted the new role and you may lose the right to claim your statutory redundancy payment.
At The Co-operative Legal Services, we're here to help with all aspects of your working life. If you have a dispute with your employer, we’re on your side. Our initial assessment and legal advice is free, we work on a 'No win-No fee' basis, and there is no need for you to visit our offices.
For more information on redundancy, visit The Co-operative Legal Services or call 0845 602 1416.
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