I think my redundancy was unfair, what can I do?
If you have been made redundant and you feel the process was unfair call us today, our redundancy solicitors can help.
Our employment specialists are skilled at assessing whether employees have been unfairly treated. The first phonecall is free and we can discuss your circumstances to ascertain if you have a claim for unfair redundancy. We can then meet with you and discuss your circumstances to investigate whether the process was conducted correctly and whether you were selected for the right reasons.
Additional Information on Redundancy
Is my job redundant?
A redundancy situation occurs where:
- A business closes or relocates, or an employer decides to shut down its business.
- A particular workplace closes or relocates, or an employer decides to close a particular workplace, such as one of its offices or factories.
- An employer no longer needs as many employees to carry out a particular type of work.
If at least one of the above does not apply then there may not be a redundancy situation and you may have a claim for unfair dismissal.
Have I been unfairly dismissed?
To ensure that a dismissal for redundancy is fair, your employer must establish that:
- It is the real reason for your dismissal; and
- Your employer acted reasonably, in all the circumstances of the case, in treating redundancy as the reason for dismissing you.
To show that it has acted reasonably your employer will need to show that it has:
- Warned and consulted you about your proposed redundancy;
- Adopted a fair basis on which to select you. If there are other employees who do your job or a similar job to you, your employer will need to create a pool to select potentially redundant employees and must select against fair criteria;
- Considered suitable alternative employment. Your employer must search for and, if it is available, offer suitable alternative employment within the company.
If you have been employed at least two years' continuously you are entitled to a statutory redundancy payment. Statutory redundancy pay is calculated according to a formula based on age, length of service and pay. The maximum number of years that may be taken into account to calculate a redundancy payment is 20 years. A week's pay is capped at the statutory maximum, which is increased each year and is currently £544 (Nov 2021). In addition to a statutory redundancy payment, you may be entitled to an enhanced payment. This may be provided for in your contract or if your employer has a practice of providing enhanced redundancy terms to its’ employees. When you are made redundant you are also entitled to receive proper notice and any accrued holiday pay.
I am worried that I will not be paid my redundancy.
If your employer is insolvent or is refusing to pay your redundancy, you can apply to the Secretary of State for payment out of the National Insurance Fund. You will need to complete a form RP1 and send this to the Redundancy Payments Office.
Can I appeal my redundancy?
You have the right to appeal your dismissal. It is important that you appeal your dismissal before taking any formal action in the employment tribunal. Even if you do not believe that your employer will change its decision, it is still worth going through the internal appeal stage. This is for two reasons:
- Your employer may reconsider its decision and reinstate you; and
- If you do not appeal and subsequently bring a claim for unfair dismissal, the employment tribunal may reduce your compensation if it considers that your decision not to appeal was unreasonable.
If you consider that your role is not redundant or that your employer has not followed a fair process before dismissing you, please contact us as soon as possible so that we can advise as to whether you may have a claim for unfair dismissal
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