Redundancy
In difficult times, employers need to reduce the number of staff. However, if the redundancy process was carried out incorrectly, you may be able to bring a claim for unfair dismissal. It will not be a redundancy situation if the employer cannot demonstrate closure of the entire business, closure of the place the employee works or a requirement for reduction of the workforce.
To qualify for a redundancy payment, you must have been continuously employed for at least two years at the date of dismissal. Your employer must warn you of the risk of redundancy and must consult with you so that you can state your case. Your employer should also discuss and consider suitable alternative employment and ways to avoid dismissal. You should be permitted the opportunity to appeal the decision.
There must be a fair selection of employees for redundancy, usually by first selecting a pool of employees then applying a list of fair and objective criteria.
An employer must give a written statement showing how your redundancy pay has been calculated. If you do not receive a redundancy payment you can make an employment tribunal claim within six months of the redundancy. Any claims after six months are at the discretion of the employment tribunal.
We can provide expert legal advice on all aspects of redundancy.
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