Do employees who are non-UK nationals have the same rights as other employees in a redundancy situation?
Yes. Citizens of countries outside the UK who are employed in the UK and have accrued sufficient continuous service are entitled to bring unfair dismissal proceedings. Therefore, the employer must ensure that it follows the correct redundancy procedure before dismissal, including a period of fair consultation and the consideration of suitable alternative positions. In addition, non-UK nationals are entitled to statutory redundancy pay if they have worked continuously for their employer for at least two years. A failure to accord redundancy rights to employees who are non-UK nationals may also amount to race discrimination.