YOUR RIGHTS

YOUR RIGHTS

1. What Is a 'Genuine Consultation'?

Under UK law (notably TULRCA 1992), a genuine consultation must:

• Begin before any final decisions are made

• Involve meaningful dialogue, not just information sharing

• Include consideration of alternatives to redundancy

• Allow employees to challenge and influence proposals

Employers who present changes as a fait accompli are not consulting legally. This can form the basis for legal challenge.

2. Redundancy Rights Employment Rights Act 1996 (ERA 1996) 

If your role is being removed and you’re not offered a suitable alternative, you may be entitled to statutory and/or contractual redundancy pay.

Statutory Redundancy Pay:

• 1.5 weeks’ pay per full year over age 41

• 1 week per year between 22–41

• 0.5 weeks per year under 22

• Tax-free up to £30,000

You must:

• Have 2+ years continuous service

• Be dismissed due to redundancy (not resign unless constructive dismissal applies)

However, NHS contractual redundancy pay also includes one month's pay for every year of continuous service, and should be awarded as additional to statutory redundancy. 

3. What Is a 'Suitable Alternative Role'? Employment Rights Act 1996 (ERA 1996) 

Employers may offer you another post, for example during redeployment. You are not legally obliged to accept it unless it is objectively suitable.

Consider:

• Pay: Significant pay cuts often = unsuitable

• Hours and location

• Skills and responsibilities

• Impact on wellbeing or protected characteristics

You have the right to a 4-week trial period in any new role, although you are not legally obliged to trial a new role in order to determine its suitability.

If you find an offered alternative role unsuitable, you can still claim redundancy.

4. If You Decline a Role Employment Rights Act 1996 (ERA 1996) 

If the role is unsuitable and you decline it reasonably, you should not lose your redundancy pay. Employers often mislead staff about this.

Be wary of phrases like:

• "If you refuse, we’ll assume you’ve resigned"

• "You’ll forfeit redundancy pay"

• "You don’t qualify if you leave"

Such statements may be legally inaccurate. Keep written records of all communications.

5. If You Resign Employment Rights Act 1996 (ERA 1996) 

If you resign due to the process being unfair, misleading or intolerable, this could be constructive dismissal. But:

• Seek legal advice first

• Document your reasons in writing

• Keep records of health impacts if relevant

You may still be able to pursue compensation via Employment Tribunal if resignation was forced.

6. Protected Characteristics and Health Impacts

Under the Equality Act 2010, employers must not indirectly discriminate against staff with:

• Disabilities (including neurodivergence)

• Part-time status

• Other protected characteristics

If your health has suffered or your condition has worsened due to the consultation process, seek medical advice and consider raising this formally. Reasonable adjustments may have been legally required.

7. Legal Recourse and Protective Awards

If a consultation is not carried out properly, there are legal consequences. You may be entitled to bring a claim for:

Protective Awards

Under TULRCA 1992, if an employer:

• Fails to consult properly where 20+ staff are affected

• Begins consultation after decisions have been made

• Ignores meaningful staff input

...then a Tribunal can award up to 90 days' full pay per affected employee as a Protective Award.

Other Legal Recourse

• Constructive dismissal: Resigning due to intolerable conduct can lead to compensation

• Discrimination claims: Under the Equality Act if processes impact protected groups unfairly

• Unfair dismissal: If the role or termination process was not handled in line with employment law

Important: Time limits apply – usually 3 months less one day from your dismissal or resignation. Seek legal advice promptly.

8. 'Fire and Rehire' Practices

‘Fire and rehire’ refers to the practice where employers dismiss staff and offer to rehire them on new, often worse, terms and conditions. This practice is highly controversial and subject to government scrutiny.

Employers Must:

• Consult properly before making changes

• Show that they have explored all alternatives

• Genuinely attempt agreement before issuing notice

Misuse of fire and rehire may be challenged as:

• Unfair dismissal (if the process was not reasonable or justified)

• A breach of implied terms of trust and confidence

• Discrimination, if protected groups are disproportionately affected

How to Recognise 'Fire and Rehire'

You may be experiencing a fire-and-rehire situation if:

• You feel forced, coerced, or obliged to accept new or less favourable terms, and your options appear to be deliberately restricted. 

For example, ring-fencing or slotting-in arrangements do not legally prevent you from applying or requesting consideration for other roles you may see as more suitable – regardless of pay, grade, or status.

• You are told you must accept a new contract or face dismissal

• The consultation appears to be a formality, with pre-written outcomes

• You are given insufficient time to respond or seek advice

• The new role involves inferior pay, conditions, or duties, with pressure to accept quickly

• You receive vague or misleading statements about your rights to redundancy or refusal

The UK Government and ACAS discourage fire and rehire as a primary tool for restructuring. Staff forced into less favourable contracts under pressure may have legal grounds for challenge.

8. Where to Get Help

• ACAS (free, impartial advice): www.acas.org.uk

• Employment Tribunal info: www.gov.uk/employment-tribunals

• NCARMA (for support, audit participation, and rights info): [insert web address]

• Workers of England Union: www.workersofengland.co.uk

This factsheet is for general information only and does not constitute legal advice. Always consult a qualified professional for personal circumstances.