Redundancies are always complicated issues and can cause much stress within the workplace. Redundancies are, unfortunately, sometimes necessary. In some cases, however, an employee may be made unfairly redundant.
For a redundancy dismissal to be fair there must first of all be a genuine “redundancy situation”, where the need for employees to perform a particular type of work has ceased or diminished, or is expected to diminish in the future. There may be a reduction in work due to lack of orders, or the business may be closing.
If an employer is considering redundancies, they must consult all potentially affected employees as soon as possible, and consider all reasonable alternatives to try to avoid the need for dismissals.
In order to make redundancies as fair as possible, employers must use objective selection criteria. Typical examples of criteria include disciplinary history, absence, time-keeping, experience and qualifications. Employers cannot use any criteria that are discriminatory, such as age or sex. Employers must also look at individual employment cases very carefully. It’s important to ensure each case is dealt with on its own merit, so that, for instance, an employee who has been absent for an extended period due to a serious illness or operation is not treated unfairly.
If you feel you have been made unfairly redundant, we can help. We will thoroughly assess your case and determine whether you are entitled to make a compensation claim. We understand that losing your job can be very distressing, which is why we will provide you with clear, effective advice to put you in the best position possible for the future.