Advice & support

Redundancies and dismissals

Employers can cut jobs. But the process must be fair and lawful.

Redundancy

You can be dismissed for a variety of reasons, because of redundancy or as an outcome of a disciplinary, sickness or capability process. But most members worried about losing their job who approach us are concerned about redundancy. This page offers some general guidance to most common types of queries we receive.

Redundancy differs from other types of dismissal, such as on medical grounds or performance. This is important as it affects your rights on matters such as suitable alternative employment and redundancy pay.

Facing redundancy?

Read our redundancy FAQs for guidance on what to expect and how MiP can offer support.

redundancy faqs

If you are at risk of redundancy

If you have been identified as “at risk” of redundancy, or work in an area likely to be affected by redundancies because of organisation change, visit our Organisational change page for advice.

If you have received notice of redundancy, the first thing to do is to decide whether you want to go. If you’re happy to accept redundancy on the terms offered, and you work for an NHS organisation, it’s still important to demonstrate that you are seeking suitable alternative employment within the NHS. If you are offered a suitable alternative job, you may lose your redundancy rights if you don’t accept it.

What constitutes suitable alternative employment (SAE) is a complex area. To be suitable a role must be either the same grade (or one grade higher – as per ACAS guidance) or one grade lower with pay protection. Pay is the main area that an Employment Tribunal look at in terms of SAE.

Suitable Alternative Employment

However, there are several additional criteria that should be considered. These are:

  • Status
  • Hours
  • Location
  • Skill and experience
  • Duties / responsibility

Any offer of SAE should take into consideration:

  • Caring responsibilities
  • Flexible working arrangements
  • Reasonable adjustments

You should ensure that your job description and duties are up to date to make sure that any alternative post proposed uses objective evidence to compare.

If you have any doubts about whether a post you’ve been offered is suitable, contact MiP Member Advice for advice.

If you don’t want to take redundancy, make sure you are listed on your employer’s “at risk” register, and submit a copy of your CV. If you work for an NHS organisation, you are entitled to be interviewed for any suitable vacancy with your current employer provided you meet the basic criteria for the job. If a local or regional agreement is in place, you may also be entitled to an interview for suitable vacancies at nearby NHS organisations.

You should also:

  • Network as widely as possible – with colleagues from NHS organisations, local government and the not-for-profit sector
  • Look out for short-term and interim posts – they often provide a bridge to a permanent job
  • Consider opportunities in arm’s-length bodies such as NHS England– they often have short-term projects which require the skills of experienced managers
  • Check with HR regularly to see if any suitable jobs are available – don’t assume they’ll contact you
  • Don’t surrender to it – organisational change and the high level of churn among NHS managers means new opportunities are cropping up all the time
  • If you are offered a post outside the NHS while on notice of redundancy, you can request early release from your notice period

If you’ve been dismissed for any other reason

If you’ve been dismissed for any other reason, such as sickness, performance or as outcome of a disciplinary then you should contact MiP Member Advice. We also recommend you contact Member Advice if you are involved in a process that could result in dismissal (for example, a disciplinary) as early as possible.

Everybody who is dismissed while working for the NHS is entitled to an appeal, using the organisation’s internal appeal procedure. In most cases, you need to go through this appeals procedure before taking your case to an Employment Tribunal. Your MiP rep or National Officer can advise.

If your dismissal notice doesn’t say, it is important to clarify straight away whether any notice period applies. Even if you’ve been dismissed without notice, you can still appeal against your dismissal.

You should also:

  • Avoid discussing your situation with colleagues and friends – this could prejudice your appeal
  • Notify your employer that you do not accept your dismissal and intend to appeal – make it clear that you will be getting advice from your union
  • Don’t lose your temper or make threats – this could damage your chances on appeal
  • Get your paperwork together as soon as possible – copies of emails, letters and any diary or record of the events leading up to your dismissal, together with copies of any policies that apply to your case
  • Discuss your preferred outcome with Member Advice – are you looking for reinstatement or a financial settlement? Would you consider a compromise, such as being moved to another job?
  • Don’t despair or let the situation consume you – there are always options, and it helps to keep focused on your appeal or seeking alternative job opportunities

Settlement agreements

Settlement agreements (sometimes called “compromise” or “exit” agreements) are neither a dismissal nor a resignation: they are a written, confidential agreement to terminate your employment and surrender most of your employment rights in return for a sum of money.

You may be offered a settlement agreement during a disciplinary or grievance procedure, or because of some other dispute with your employer. This usually happens during a protected conversation – a discussion in which your employer may discuss ending your employment without prejudicing their position in any future legal proceedings.

Never accept a settlement agreement on the spot; always seek advice from MiP first. You are expected to take legal advice on a settlement agreement and MiP will usually arrange this for you – once you are ready to sign it. Employers will often pay some of the legal costs.

If you are offered a settlement agreement:

  • Say nothing one way or the other – just take notes and tell your employer that you need to take advice from your union
  • Contact MiP Member Advice as soon as possible
  • Do not discuss the meeting or the proposed agreement with your colleagues
  • If you feel too upset to go back to work, ask your employer for a couple of days off – this is usually acceptable
  • Consider references and what you can say about your departure to future employers, as well as the financial settlement
  • Be patient – settlement agreements are often proposed very suddenly, but it can take weeks to get the agreement right and secure all the necessary approvals

Looking for more information?

MiP has a range of free workplace guides to support you in your role as a healthcare manager.

View mip workplace guides

Need guidance on another issue?

MiP has a range of free guidance in our Advice pages. Click below to view all of our workplace guidance.

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Still need support?

Existing members can get individual support with problems at work. Use the link below to get in touch with Member Advice.

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