5 Things To Look Out For/Challenge If Made Redundant
Sadly, redundancies are a fact of life in the modern workplace. In this article, our Employment Solicitor, Haylee Chambers gives you 5 things to look out for/challenge if you’ve been made redundant.
Thing to Look Out For/Challenge if Made Redundant
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Is there a genuine redundancy situation?
Has there been a closure of the business as a whole, closure of a particular workplace or reduction in the size of the workforce required to undertake particular work? If not, then it may not have been a genuine redundancy situation.
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Is the selection process fair?
Your employer cannot lawfully just choose who should stay and who should go without careful thought and the application of a fair process. Employers should look at “pooling” employees doing the same or very similar types of work. They should set objective non-discriminatory selection criteria (such as disciplinary record, performance, time-keeping and so on) and the criteria should be fairly assessed by managers. Where selection criteria used is subjective, it should be looked at carefully. Ask to see the criteria your employer intends to use and raise any criticisms you may have; once you have been assessed ask for your scores, check they are fair and, if not, challenge them.
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Was there sufficient consultation?
If redundancies are on the cards, your employer must warn and consult you beforehand. Typically, this means they need to speak to you individually, explain what is happening and outline the reasons for redundancy and discuss it with you ‘meaningfully’.
Employers might also have to consult with employee representatives where making 20 or more redundancies at the same workplace, however, not everyone is aware of the full extent of those obligations, nor what action can be taken in the event of a failure to comply. You could be able to claim an additional sum of up to 90 days’ pay from your employer by making a protective award claim.
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Was suitable alternative employment offered?
An employer is under a duty to offer you suitable alternative employment to avoid your redundancy. A failure to do so will be unfair.
However, be cautious with offers of alternative work. If your employer offers an alternative job to you, you can lose your right to statutory redundancy pay if an Employment Tribunal thinks that the alternative job was suitable and that you unreasonably refused it. Therefore, you need to have as much information as possible about what the new job involves and assess its suitability very carefully.
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Were you offered a right of appeal?
An Employer should offer you a right of appeal. It might also be advisable to raise a grievance, depending on the reason for the redundancy selection. We can help identify the best arguments to raise.
If the appeals process does not resolve the issue, we can advise on the merits of pursuing an unfair dismissal or other claim and help the employee decide whether to take further action.
If a case is to be taken forwards, we can help with the Employment Tribunal process.
There is a general time limit of three months less a day from the date of the alleged unlawful act to bring a claim in the Employment Tribunal. In unfair dismissal cases, this runs from the date employment ended. This time limit is subject to any extension of time allowed by using the ACAS Early Conciliation process before the primary time limit expires.
Redundancy is never an easy or pleasant process. Please try to remember that it is normally the job that is redundant not the person and when it comes to finding new employment most prospective employers understand that redundancy, as a reason for dismissal, is not unusual and do not see it as a negative. However, it is not always easy to find alternative work quickly. Therefore, if you think your redundancy selection could have been avoided, take legal advice and find out if you are entitled to compensation.
For more detailed employment advice, please contact us on 033 3344 9603.
Specialist Employment Solicitors
Morrish Solicitors is a long-established law firm based in West Yorkshire providing a range of legal services to private clients, Trade Unions, Associations, Professional Bodies and their members. We have an experienced team of employment solicitors specialising in redundancy and protective award claims. Our solicitors can provide clear, honest and confidential advice in respect of all employment matters.
Contact our employment department on 033 3344 9603 or simply email [email protected].
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