Redundancy occurs only if one of the following three circumstances arises:
- The employer stops carrying on the business in which the employee worked
- The employer ceases carrying on the business in the place in which the employee worked
- The business needs fewer people carrying out work of a particular kind
When an employer needs to make compulsory redundancies, they are required to be fair in their selection of which employees will lose their jobs. After identifying all of the employees at risk of redundancy, known as the redundancy pool, an employer will make a decision based on fixed criteria. This may include consideration of the following:
- Attendance records,
- Previous conduct, including any disciplinary history,
- Standard of work,
- Skills and experience.
To ensure fairness in this process, an employer may require employees to reapply for their positions.
Employers required to give adequate notice and warning to employees being considered for redundancy, including why they are being considered, and details of the selections process. They must also consider alternatives to redundancy, including offering alternative employment where available.
When an employer has not followed a fair redundancy process, it is known as unfair dismissal. Additionally, they must not use any unfair or discriminatory reasons for selecting employees for redundancy, including:
- Age,
- Disability,
- Gender,
- Part-Time or Fixed Term Contract,
- Pregnancy or Maternity,
- Race,
- Religion,
- Sexual Orientation,
- Trade-Union Membership
If you have been made redundant for an unfair reason, or due to an unfair process, you may be able to claim for unfair dismissal.
What Can You Do?
You have several courses of action if you have been made redundant unfairly. The first of these is to make an appeal in writing to your employer. This should outline your reasons for thinking your redundancy was unfair, and any actions you expect your employer to make. You should consult your contract or staff-handbook for advice on doing this, and any relevant time constraints.
If you are not satisfied with your employer’s response, you may choose to bring the case to an employment tribunal. However, before doing this, you must notify ACAS (Advisory, Conciliation and Arbitration Service), or the Labour Relations Agency in Northern Ireland, who will offer to try and settle the case through a process known as Early Conciliation, but neither you nor your employer is required to agree to this.
If you are not successful in reaching an agreement through Early Conciliation but still think you have been unfairly dismissed, you are entitled to take your employer to an employment tribunal, which will then decide whether your claim is genuine, and if compensation is owed to you.
How We Can Help
We offer a free initial consultation, where we will advise you on the viability of your case, as well discussing the options which are available to you and what type of compensation you may likely be owed.
If you then choose to take your case forward with us, we can advise and assist you at all stages of the appeals process. This will include helping you to draft your initial written appeal to your employer by advising you on what to include as your reasons for appealing, and what actions you expect your employer to take.
We can then help you to prepare for your case for your employment tribunal, including gathering evidence, advising you on potential questions which may be asked of you. If you wish, we can be present at your tribunal to advise and advocate for you.
We have a number of options regarding funding a case (see here) and have also arranged an insurance policy which will protect you against the risk of having to pay Tribunal fees should your case be lost.
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We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate.