Losing your job is never easy, but when you suspect it happened because of your gender, you may have a legal case for unfair dismissal and discrimination. Maybe your boss has made sexist remarks, treated you differently because of your gender, or created a workplace culture that disadvantages women — and then suddenly made you redundant, it’s time to ask some serious questions. Was the redundancy genuine, or were you unfairly targeted?

Here’s what you need to know about your rights, how to challenge a discriminatory redundancy, and what steps you can take next.

Can Redundancy Be Classed as Discrimination?

Yes, it can. While redundancy is a legally valid reason for dismissal, it must be genuine and based on business needs not personal bias. If you were selected for redundancy because of your gender, this could be classed as sex discrimination, which is illegal under the Equality Act 2010.

For example, redundancy could be discriminatory if:

• Only women were selected for redundancy when men in similar roles were kept on.
• Your boss has a history of making sexist comments or treating female employees unfairly. · You were let go shortly after returning from maternity leave or requesting flexible working.
• A male colleague took over your responsibilities after your redundancy.

If any of this sound familiar, your redundancy might not be as “genuine” as your employer claims.

How Do I Know If My Redundancy Was Unfair?

A genuine redundancy occurs when your employer no longer needs your role due to company restructuring, financial struggles or business closure. But if your dismissal was personally motivated, it could be unfair dismissal or discrimination.

• Did your employer follow a fair redundancy process?
• Were you the only one selected, despite others in the same role?
• Were men in similar positions kept on while you were let go?
• Have you experienced sexism in the workplace before?
• Has your boss made inappropriate comments or undermined you?

If you answered yes to any of these, your redundancy might have been unfair and discriminatory.

What Should My Employer Have Done Differently?

Your employer must follow a fair redundancy process. This includes:

• Providing a valid business reason for the redundancy.
• Using objective selection criteria (not personal opinions or biases).
• Holding consultations with affected employees.
• Offering suitable alternative roles if available.

If they skipped these steps or if the process felt targeted or unfair you may have grounds to challenge your dismissal.

What Can I Do If I Think My Redundancy Was Discriminatory?

If you think your redundancy was based on sex discrimination, here’s some steps to follow:

1. Request written reason: Ask your employer for a clear explanation of why you were selected for redundancy.
2. Review the redundancy process: Ensure your employer followed a fair process, including consultation, objective criteria and consideration of alternative roles.
3. Gather Evidence: Collect evidence of any sexist comments, unfair treatment or discrepancies in redundancy decisions.
4. Raise a Grievance: Submit a formal complaint with your employer.
5. Contact ACAS: Use ACAS for early conciliation to try resolving the dispute before taking legal action.
6. Seek Legal Advice: Speak to an employment solicitor to assess your case.

How Can an Employment Solicitor Help Me with An Unfair Redundancy?

While you don’t legally need a solicitor, getting professional advice can strengthen your case, especially if you’re going up against a large employer. A legal expert can:

• Assess whether your redundancy was unfair.
• Help you gather evidence of discrimination.
• Advise on the best steps to take (grievance, settlement, tribunal).
• Represent you in negotiations or at an Employment Tribunal.

If you’re unsure where to start, a solicitor can help you understand your rights and next steps.

Contact Us Today

If you suspect your redundancy was influenced by sexism, speaking with an employment law solicitor can help you understand your rights and explore your option. For more information, call us on 01642 843 667; alternatively, complete our online contact form and one of our employment solicitors will be in touch.