Trade Union Rights and Representation During Redundancy

We spoke with an Employment Rights officer from the Trade Union Congress to get some advice on the role of Trade Unions during the redundancy process and to learn more about Union representation and how Unions can protect our rights.

If I feel I am at risk of redundancy, should I join a Union?

Being a member of a union is the best protection for people at work, and particularly important if jobs are at risk. Union reps will represent members and work to protect employment and individuals’ livelihoods. Where job losses are inevitable, unions will seek to ensure that the redundancy process is fair and that those losing their job receive decent redundancy pay.

What is the role of Unions during the process of redundancy?

Unions can play a key role in redundancies, working to ensure that jobs are saved where possible, and staff treated fairly.  During the last recession, unions and employers worked together in many private sector workplaces, avoiding the need for redundancies and ensuring businesses did not lose skilled staff.

Thanks to EU based rights, where an employer is proposing to make 20 or more employees redundant over a 90 day period, managers must consult with union reps to explore and agree ways of avoiding job losses or reducing the numbers at risk.  Employers must also discuss with unions how to limit the impact of job losses for individuals – for example by providing access to training, allowing paid time off to find new employment, and offering redundancy pay above the statutory minimum.

How can my Union rep help me?

During redundancies, union reps will represent their members’ interests and keep members informed of any developments. In addition to collective consultation, people at risk of redundancy have a right to be consulted individually. Union reps can accompany you in meetings with your managers to ensure fair processes are followed. They will work to ensure all alternatives to redundancy, including redeployment or retraining, are explored.

Can the Union challenge my redundancy?

In the UK, employers have a lot of freedom when deciding how to select people for redundancy.  However, union reps will work to ensure that employers follow fair processes and do not discriminate against individuals, including on grounds of gender, race, disability, age, sexual orientation, marital status or because they are pregnant or on maternity leave.

Where an employer has flouted the law, including their duties to consult on redundancies, unions will ensure that members have access to justice and can take a claim to an employment tribunal, including covering the hefty cost of tribunal fees.