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In general terms, a redundancy happens when there is no longer a need for someone to do your work, for example, if the business is closing down or changes are made to the way the work is done.
Your employer has a duty to consider whether there are any alternative suitable jobs for you within the organisation. They also have to show that they have followed a fair procedure when making you redundant.
If your employer is making you redundant, you should check whether it is a genuine redundancy situation and whether the correct procedure is being followed.
You may be able to claim unfair dismissal at an Employment Tribunal if your employer has not followed the right procedures. It would be unlawful age discrimination for your employer to select you for redundancy because of your age, unless they can justify this.
If you are a member of a union, you should receive support and advice from them to make sure that the redundancies are carried out fairly and that all alternatives are considered. You could also visit the TUC website, WorkSmart, www.worksmart.org.uk, for general information on your employment rights.
The upper age limit for statutory redundancy payments, which used to be age 65, has now been removed.
Employees over the age of 65 are now entitled to redundancy payments calculated in the same way as for other employees. Your contract of employment might say that you are entitled to more than the statutory minimum redundancy payment so you should check that you are being paid the correct amount.
If you are not paid your redundancy payment, or if you are paid too little, you can make a claim at an Employment Tribunal. You should try to resolve the problem with your employer first by putting your complaint in writing to them.
If you do have to start an Employment Tribunal claim about your redundancy payment, you must do this within six months of being made redundant.
If your employer is insolvent and cannot pay your redundancy payment, you should claim it from the Insolvency Service’s Redundancy Payments Office.
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