You’ve been made redundant: the first steps you need to take (and the deadline you mustn’t miss)
Receiving a redundancy notice is one of those moments when confusion works against you. Amidst the distress 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 bear two things in mind right from the start: don’t rush into signing anything, and remember that time is ticking.
First things first: read the dismissal letter carefully
The company must notify you of your dismissal in writing, stating the reasons for it and the effective date. This letter is important: your position depends largely on its content — and on whether or not the company can prove its allegations. Read it carefully and keep it safe.
Be careful what you sign
When you’re notified of your dismissal, it’s common for several documents to be placed in front of you: the letter itself and the settlement agreement. It’s best 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 you accepting the settlement and, in certain cases, as you waiving your right to make a 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 make a claim, however unfair the dismissal may have been. It is not a matter of months: it is a matter of just 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 (whether signed or not).
- 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’ll review your dismissal, tell you whether what you’ve been offered is in line with the law, and support you in making a claim within the deadline. If you’ve just been made redundant, 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 into it, the more options you’ll have.
