Tips after redundancy notice
You have landed the perfect job. The work is exiting, the colleagues are nice, but then: you are invited to a Town hall meeting and you are informed that there will be a restructuring with loss of jobs. More specific, your job. How to navigate this situation best and what are your rights? In this article we will provide you with some useful tips.
Gather information
First and foremost, it is important that you get as much information as possible regarding the reasons and background of the restructuring. Is the company in financial hardship? In that case, your employer should be prepared to share a complete overview of their financials in a dismissal procedure. More often, the reason behind a restructuring is a change of the organisation. For instance, two departments are merging, resulting in the loss of overlapping jobs. Be careful when a restructuring takes place before or after a merger or takeover. In that case, a prohibition for termination due to the merger or takeover could be in place.
Redeployment
If you are impacted, your employer has to make an effort to search for other suitable positions within the company or within the group of companies of your employer. A suitable position matches your ambitions, education and experience or will do so in a short period of time after training. Often, this effort is made by having a redeployment meeting with you, in which you talk about your work profile and a the list of vacancies is discussed with you. If you find a suitable role, you can be redeployed. Please be informed that rejecting a suitable position could have a negative impact on receiving a severance payment and/or unemployment benefits. If you are in doubt whether you have to accept an offered role, contact a lawyer.
Settlement or dismissal procedure
Often, the employer offers a termination agreement to terminate the employment agreement with mutual consent. Check the terms of the agreement together with a lawyer, in which a lawyer can check if your employer has a sufficient case file for a termination based on the information you have gathered.
If the restructuring case of your employer is doubtful – for instance when your employer states financial hardship, but in your perception the business is doing well, or the restructuring has to do with the merger or takeover – this may be ground to either negotiate the offer or dispute the dismissal in the UWV procedure.
Appoint a lawyer together
Together you are stronger. Checking the background of the restructuring and disputing this can then be done together with limited costs.
More information
Do you have questions regarding this subject or do you need advice about your personal situation? Please feel free to contact us.
