You’ve been made redundant: the first steps you need to take (and the deadline you mustn’t miss)
Receiving a redundancy letter is one of those moments when confusion works against you. Amidst the shock and the rush, it’s easy to sign something you shouldn’t or to miss a deadline that can’t be recovered later. That’s why it’s important to be clear about two things from the very start: don’t rush into signing anything, and time is ticking.
First things first: read the redundancy letter carefully
The company must notify you of your redundancy in writing, stating the reasons for it and the effective date. That letter is important: your position depends largely on its content — and on whether or not the company can prove its claims. Read it carefully and keep it safe.
Be careful what you sign
When you are notified of your dismissal, you will usually be presented with several documents: the letter itself and the settlement agreement. It is wise to be cautious here:
- Signing to acknowledge receipt of the dismissal letter does not mean you agree with it: it simply confirms that you have received it. Even so, you can add “not in agreement” next to your signature.
- The settlement agreement is a different matter. If you sign it without further ado, it may be interpreted as your acceptance of the settlement and, in certain cases, as a waiver of your right to claim. Before signing a settlement agreement, it is advisable to review it — and, if you have any doubts, not to sign it at that moment.
The deadline you must not miss
This is the most important point of the article: there is a very short deadline for challenging a dismissal. If you miss it, you lose the right to claim, no matter how unfair the dismissal may have been. It is not a matter of months: it is a matter of a few working days. Therefore, if you have been dismissed, the priority is not to ‘think it over calmly for an indefinite period’, but to find out as soon as possible how much time you have and what you can do.
What you can claim
Depending on the circumstances, a dismissal can be classified in different ways, and the consequences depend on that classification — ranging from the compensation you are entitled to, to, in certain cases, reinstatement. Determining whether a dismissal is flawed in form or substance, and whether what you have been offered is in line with what you are entitled to, is precisely the job of an employment lawyer.
What you should have to hand
- The dismissal letter and the settlement agreement (signed or unsigned).
- Your employment contract and your most recent payslips.
- Your up-to-date employment history.
- Any correspondence with the company relating to the dismissal.
At SF Abogados
At SF Abogados, we review your dismissal, tell you whether what you have been offered is in accordance with the law, and assist you in making a claim within the deadline. If you have just been dismissed, don’t let the days go by: an early initial consultation can make all the difference.
Book an appointment at www.sfabogados.com. The sooner we look at it, the more options you will have.
