If you feel that you have been unfairly treated in a redundancy situation, you may be able to make a claim for unfair dismissal.
When an employer decides to make members of the workforce redundant, they have to follow certain procedures to ensure that the selection process is fair. There are a number of scenarios whereby redundancy can be unfair.
We can also advise you on entitlement to redundancy pay.
At Hoole & Co. we deal with all types of employment law cases. We represent employees and employers, so whichever side of the dispute you are on, we can help.
What is Redundancy?
Typically there are two situations regarded as redundancy:
1. Closure of the entire business.
2. Reduction in the size of the workforce.
Selection for Redundancy
The selection criteria when choosing who to make redundant should not be based on unfair reasons, such as trade union membership, and it cannot be based on something subjective such as an employer disliking an employee.
Employers have to show that they have followed a fair selection process when deciding who to make redundant.
When a position has been made redundant and an employee has been offered alternative employment, the employer has to be able to show that the new job has similar pay and conditions and skills. If an employee unreasonably refuses an offer of a suitable alternative job, the employer may be able to avoid paying them a redundancy payment.
If the new job is at a different location, the reasonable rejection of this type of offer will depend on a number of factors, including whether the employment contract has a mobility clause.
This is a complex area and specialist legal advice should always be sought at the earliest opportunity.
Making a claim for Unfair Dismissal by Redundancy
There are a number of possible situations where a claim can be brought. These can be due to the selection process being unfair or unlawful, because the correct procedures were not followed by the employer, failure to offer suitable alternative employment or the redundancy not being genuine.
Specialist advice should always be sought when dealing with any redundancy matter. Please contact us today to speak to an experienced Solicitor.