If you have been made redundant and feel that you have been unfairly treated, you may be able to make a claim against your employer for unfair dismissal. We can also advise you on entitlement to redundancy pay.
Here at Sheppersons Solicitors we deal with all types of employment law. We represent both employees and employers, so we can help you whatever your circumstances.
We offer a fixed fee initial consultation. Please contact us for more information.
When an employer decides to make staff members redundant, they are legally obliged to follow certain procedures to ensure that the selection process is fair. There are a number of scenarios whereby redundancy can be unfair.
What is Redundancy?
There are two situations regarded as redundancy:
1. Closure of the entire business.
2. Reduction in the size of the workforce.
Selection of workers for Redundancy
The selection criteria when choosing who to make redundant should not be based on unfair or subjective reasons. An unfair reason for redundancy could be that an employee is a member of a Trade Union. A subjective reason could be simply that the employer does not like the employee.
Employers have to be able to show that they have followed a fair selection process when deciding who to make redundant.
Redundancy and alternative employment
When a position has been made redundant and an employee has been offered alternative employment by the same employer, 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 legally 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 if you find yourself in this situation.
Claiming against your employer for Unfair Dismissal by Redundancy
There are a number of possible situations where a claim can be brought. These can be because the correct procedures were not followed by the employer, the selection process being unfair or unlawful, failure to offer suitable alternative employment or the redundancy not being genuine.
We offer a fixed fee initial consultation where we can assess your case and tell you if you have a case for unfair dismissal by redundancy. If we decide to pursue your case then we can advise you on the potential costs involved.
Contact us today to speak to an experienced Employment Law Solicitor.