Redundancy: your right to consultation
Employers should always consult with employees before making them redundant. Find out about the two ways this might be done - collective and individual consultation.
Ways of consulting you
There are two ways in which your employer might have to consult you about redundancy:
- collectively, which means consulting the whole group that is being made redundant
- individually, which means speaking to each person directly
Collective consultation
If your employer is planning to make 20 or more employees redundant within a 90-day period, your trade union, or elected employee representative if you don't have a union, should be consulted before anyone is given notice.
The consultation should cover ways to avoid a redundancy situation, how to keep the number of dismissals to a minimum and limit the effects on those dismissed by offering retraining for example. It should take place at least 30 days before the redundancies are due to begin or 90 days if more than 100 employees are affected.
If this doesn't happen, you or your representative can take your employer to an Industrial Tribunal which can award up to 90 days' pay in compensation to each employee.
Individual consultation
Your employer should always consult you individually. This will normally involve:
- speaking to you directly about why you have been selected
- looking at any alternatives to redundancy
If this doesn't happen, your dismissal for redundancy may be unfair.
Where can you go to get help?
The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland.
Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.
If you have doubts about the way your employer may have calculated your statutory redundancy pay you can call the Redundancy Payments Helpline on 0845 1450 004.
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