What is classed as Unfair Redundancy?

Redundancy is always classed as unfair if the employer failed to follow proper redundancy procedure, the reasons behind which vary enormously but include:

• If others in the organisation do the same job as you but are not made redundant (collective redundancies are more typical than individual so an employee should check that there are fair reasons for this)

• If a person is made redundant rather than their position, as is correct; in genuine redundancies the employer no longer requires the relevant job functions to be performed

• If an employee asserts their statutory rights, e.g. requesting a written statement of responsibilities from their employer

• If more than 20 people are made redundant simultaneously but the employer has failed to engage in collective consultation

• If somebody else is recruited to fill your position after you have been terminated from it

• Less favourable treatment of part-time workers and fixed-term employees

• Personal dislike or prejudice based on sex, race, religious or age discrimination

• Pregnancy discrimination

• Unhappiness with job performance without following the correct procedures prior to dismissal, such as warnings about performance

• Where the criteria for redundancy are not objectively-based or clearly explained, i.e. if the employer still requires a particular job to be done but not to the same extent as previously, resulting in the need for some of those carrying out the job to be made redundant

If you believe that you have been the victim of unfair redundancy and you’re thinking of making an employment tribunal claim  for redundancy compensation call our team of specialist employment solicitors today for expert advice.