Redundancy – what is it?

Redundancy is what happens if an employer finds themselves in a situation where they have to reduce their workforce. This could be because the company is closing down or it could be to a reduced turnover prompting a subsequent reduction in staff. Typically, you will be made redundant because your job has been eliminated and so there is no role for you left at the company.

It is never nice to lose your job, but it is important to make the distinction between fair and unfair redundancy. That is to say that there are some situations where redundancy counts as fair, no matter what you think of the decision, and other situations where your redundancy counts as unfair. If you have a case of unfair redundancy then you might be able to take your employer to an Employment Tribunal in order to claim compensation for your treatment.

Fair redundancy

Typically, a fair redundancy process might involve employers asking their employees to volunteer to be made redundant. They might also create a ‘selection pool’. This could be based on factors such as your disciplinary record, competence at your job and the amount of experience you have.

As a general rule, employers can come up with their own processes for deciding who is made redundant and who isn’t – as long as they can prove their methods in choosing were fair, this process could take a variety of forms. It might be one that they agreed in conjunction with a trade union representative or it might be one spelt out in the company’s guidelines.

Unfair redundancy

However, not all redundancies are fair. If your employer used an unfair method to select those who were to be made redundant, you might be able to make an Employment Tribunal claim. For example, if you were made redundant for reasons of a discriminatory nature (such as for your age, gender, race, religion, sexual orientation or disability), then this would count as unfair.

When you are made redundant, it is a good idea to find out the process that your employer used for selecting people for redundancy. If you can prove that they didn’t follow their pre-agreed process properly, then you might have a case of unfair redundancy.

What to do

If you think you have a case of unfair redundancy – either because the reasons you were made redundant were unfair or because the process your employer followed was unfair – then you are entitled to appeal against the decision. You can do this by first writing to your employer to lodge your appeal. It is likely, though, that you will have to take the case to an Employment Tribunal where you will be asked to prove that what you say is true.

This is something our employment tribunal lawyers can help you with and they will be able to represent you at the tribunal. Your employer will also be given an opportunity to make their case at the tribunal, after which a decision will be made as to whether or not you are dealing with a case of unfair redundancy.

Considering an Employment Tribunal Redundancy Claim– contact us today

If you think you have grounds for an Employment Tribunal Redundancy claim, please get in touch with our team today for your FREE initial phone consultation. Our specialist employment solicitors deals with employment tribunal  cases for clients nationwide – taking instructions by phone, e-mail, Skype, as well as in person.

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