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 the DTI.
Dismissal. Since 1st October 2004 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.

The Three Stage Process:

Stage 1

Your employer must prepare a written statement of their reasons for considering disciplinary action or dismissal clearly explaining their position. They must send you a copy.

Stage 2

Secondly, your employer must promptly invite you to a meeting to discuss the issue. You should be given enough time to think about what has been said. You must attend this meeting but can take a work colleague or trade union official. After the meeting, your employer must let you know their decision.

Stage 3

The final stage is if you want to appeal against this decision. You must let your employer know in a letter and then they must arrange a meeting to hear the appeal. The meeting must be held at a time and place which is reasonable for you. After the meeting your employer must decide what they are going to do and tell you their decision. If you are not happy and want to take things further you need to take your case to an Employment Tribunal.

There are some exceptions to the statutory procedures. If there are issues of national security or it is impractical to go through the procedures then they may be avoided in exceptional circumstances. If you need further information go to ACAS or the DTI.

These procedures are in place to protect you and all employers should be carrying them out. If you feel your rights aren’t being met then you can explore different avenues to complain and resolve the situation. We would recommend that you visit our legal advice section for more information and take up an initial consultation with a local lawyer with experience in Employment Law.

Most people are nervous about contacting solicitors because they fear the costs involved. Many solicitors provide a free initial consultation, face-to-face or more usually on the telephone, to establish whether you have a case worth pursuing. If you have a case, an Employment Law expert will help you and give you indicative costs before proceeding. You can find details of Employment Law solicitors in your locality here