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.