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Unfair Dismissal Redundancy

 

What is the difference between fair and unfair redundancy?
It is always unfortunate if an employer has to make staff redundant, but there is a difference between doing this fairly and unfairly. For a redundancy to be fair, the employer must base their decision on evidence and have good reasons for making particular people redundant. If they do not do this and instead just choose who to make redundant, this could be an unfair redundancy.

 

A fair redundancy could include an employer asking for volunteers to apply for redundancy, asking them to reapply for their own jobs, using a ‘last in, first out’ policy or using employees’ disciplinary records as a guide. They are not allowed to make you redundant for discriminatory reasons (such as people on jury service or women on maternity leave).

 

Generally, employers can come up with their own methods for deciding redundancies - as long as they can prove that their methods were fair.

 

What are the signs of unfair redundancy?
If you think you have been made unfairly redundant, you should find out what process your employer used to decide who was going to be made redundant. They may have agreed a procedure with a trade union and if they have, they should have followed it. If they went against the pre-agreed procedure to dismiss you then you could have a case of unfair redundancy.

 

Employers also use some other methods for making people redundant, such as by identifying what is known as a ‘selection pool’ of people who are at risk of losing their jobs and then applying certain criteria to determine who will be made redundant. These criteria could include experience, your competence and disciplinary record. They should not, however, include issues such as gender, disability, race, sexual orientation, religion, age or trade union membership. If you think that you have been made redundant because of one of these issues, then it is likely to count as discrimination and be a case of unfair redundancy.

 

I think I’ve been made unfairly redundant -what should I do?
If you suspect that your employer has made you unfairly redundant, then you will need to appeal against the decision. You will need to put your complaint in writing and state the reasons you suspect yours is a case of unfair redundancy. If you have a trade union representative, they may be able to help you negotiate with your employer in the first instance.

 

If, however, you find that arbitration with your employer is not an option then you might want to take the case to an employment tribunal so that they can adjudicate the case. It is a good idea to engage the services of an experienced unfair redundancy solicitor for this purpose - as they will be able to give you the best chance of a good result and will be able to argue your case on your behalf.

 

You will need evidence to prove that your employer dismissed you and also proof as to why you think your redundancy was unfair. Your employer will also have a chance to argue their case in front of the tribunal and the tribunal will then rule whether they think your redundancy was fair or unfair.

 

How can our unfair redundancy solicitors help you?
Our solicitors can tell you whether you have a case of unfair redundancy and whether it is likely to succeed, can negotiate with your employer on your behalf and can also represent you at an employment tribunal.

 

Considering an Unfair Redundancy Claim? Contact us today

Talk to, e-mail or Skype our specialist employment law solicitors who will be able to help you with your Unfair Redundancy Compensation Claim wherever you live in England or Wales.

Or if you prefer, you can meet one of our solicitors at our offices in Wiltshire, Dorset and Hampshire .

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