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Redundancy 2018-02-18T17:35:52+00:00

I HAVE BEEN DISMISSED FOR REDUNDANCY, CAN I MAKE A CLAIM?

As to whether you qualify for unfair dismissal protection i.e. you have served a sufficient length of service, you are an employee and you have actually been dismissed, see Unfair Dismissal.

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Am I redundant?

Redundancy is a potentially fair reason for dismissal. The legal definition is simply whether your employer has either less need for employees to do a particular kind of work, less need for employees to carry out work in the particular workplace or is closing the business.

It does not matter why your employer is making staffing cuts.The company can have an increase in profit but there can still be a redundancy situation if the employer decides it requires fewer employees.

It also does not matter that the work is still being carried out within the company. If an employee is dismissed but the work is split between remaining employees, there is still less need for that employee to do that work and he or she will be redundant.

Is my dismissal fair?

To act fairly in a redundancy situation, your employer must normally:

  • Warn all affected employees;
  • Consult with the employees and look for ways to avoid redundancy;
  • Adopt a fair method of selection;
  • Implement that method fairly;
  • Carry out a reasonable search for alternative employment.

At all stages, this means that your employer’s decisions and actions will be unfair if they could not be available to a reasonable employer.

Consultation requires that you are provided sufficient information to be able to understand the decision to make redundancies and enable you to offer alternatives. It also means ensuring that you understand why you have been selected for redundancy so that you can effectively challenge that selection.

A reasonable selection is normally objective so that each employee can be scored on the basis of documentation rather than a manager’s personal knowledge or opinion. The method should be consistently applied across all employees.

This is a brief overview of the law of redundancy. If you believe that you have been unfairly dismissed, you should contact one of our specialist solicitors for a free initial assessment.

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