You can be made redundant by your employer if they need to reduce the workforce for one of the following reasons:
- Your employer has ceased trading
- Your particular place of work is closing down
- The requirement for you to do your job has either ceased or diminished.
If you have been made redundant you may be eligible for redundancy pay, notice pay, and payment for accrued but untaken holiday pay.
You may believe that your redundancy was unfair. This raises complex questions of law and there are strict time limits for bringing a claim at the Employment Tribunal. Generally, claims for unfair redundancy must be brought within 3 months less one day from the date you were made redundant. It is therefore important that you do not delay and that you take immediate advice from an employment lawyer.
In considering whether a redundancy was fair or not, an employer must be able to show the following:
- They had a genuine need to make you redundant
- They provided you with adequate one-to-one consultation – and if making 20 or more redundancies – that they took part in a process of collective consultation.
- They utilised a fair selection procedure by selecting an appropriate pool of employees as at “at risk of redundancy”, and scoring them by using fair and objective selection criteria.
- They considered any suitable alternative employment opportunities and offered you any suitable available vacancies.
A dismissal for redundancy may be automatically unfair in certain circumstances for example selecting a woman for redundancy because she is pregnant.
If you have been made redundant you may have a claim for wrongful dismissal i.e. a claim for notice; statutory redundancy payment; contractual severance payment and/or unfair dismissal / unfair selection for redundancy. You may also find that you have been discriminated against.
The law in relation to redundancy is complex and lays down a series of steps that employers are expected to take. Experience suggests that many employers often fail to get the process right.
Our expert employment solicitors have years of experience in bringing claims for unfair redundancy. Over the years we have secured many thousands of pounds of compensation for our clients.
Please contact us today for a free initial no-obligation consultation with one of our specialist Employment Law solicitors. We can often agree to deal with your case on a No Win No Fee basis – offering you extra peace of mind.