Challenge Redundancy – Challenging redundancy can be an important step if you feel as though there’s a legitimate reason why you shouldn’t be made redundant.
Or perhaps you feel that the redundancy process wasn’t followed correctly.
Whatever it might be, it’s a difficult position to be in.
This is why it’s important to know where you stand and why it might be wise to seek expert legal advice.
Redundancy – What Does It Mean?
Redundancy means that a role is no longer required in a business.
It might be because a workplace is being closed by an employer and the staff are being asked to relocate or it might be that there is no longer the need for work of a specific type, or at least less of it.
The upshot is that employees will be relieved of their duties through the redundancy process.
The key here is that any employer that finds themselves in a redundancy situation MUST go through a fair redundancy procedure before making any decisions on redundancy.
That could include applying fair selection criteria, consulting with employees, explaining the reasons, exploring whether there might be alternative options, and allowing employees to appeal against their redundancy.
The reality is this can be a difficult situation for employers to manage.
It’s time-consuming, involves A LOT of administration, and it’s not conducive to good morale.
What About Settlement Agreements?
Many employers will explore a settlement agreement as an alternative to the redundancy process, and it’s worth considering.
One factor in a settlement agreement is that the employee waives the right to progress through a fair redundancy procedure in exchange for a settlement fee.
And avoiding having to go through the redundancy process where one or both parties might become agitated is beneficial.
You should know, though, that the employee DOES NOT have to accept the settlement agreement. If they refuse, the employer still has the option to press ahead with the redundancy process.
In this instance, it would be advisable to seek legal advice to ensure that the procedure has been conducted fairly or whether there might be the potential for an unfair dismissal claim.
A Fair Redundancy Process
If an employee has worked for a business for at least 2 years, then the employer is legally required to follow a fair redundancy process.
This means you should be invited to at least one individual meeting with your employer to discuss redundancy, but other than this, there is no set process.
An employer MUST have a clear process, but there is no specific way in which it has to be done.
In the individual meeting, your employer should make clear to you why:
- The need to make redundancies
- That they are considering you for redundancy
- Whether there are any other jobs available and the details of them
It’s also an opportunity for an employee to ask questions about what happens next, voice any concerns, and tell them if you think the process has been unfair.
If an employee has worked for less than 2 years, your employer doesn’t need a redundancy process and doesn’t have to meet you individually.
Can You Challenge Redundancy
If you feel unhappy with any aspect of the redundancy process from your employer, there are some things you can do.
The first step should be to raise an informal grievance with your employer to challenge the redundancy because it lets them know that you’re unhappy and begins the formal process in the correct manner.
You’re entitled to set out your complaints before your employer takes any action – and it may result in discussions around a potential settlement agreement beginning.
The formal redundancy grievance procedure should work as follows:
- You raise an informal grievance with your employer to see if you can resolve the issue without any formal action; this might be following notification of redundancy consideration, for example
- If you’re unable to resolve the issue informally, then you should write to your employer and inform them of your decision to raise a formal grievance, outlining your reasons for doing so
- You’ll then have a grievance meeting once all evidence has been collated and the investigation has been concluded
- An outcome will be reached, and you’ll be given the opportunity to appeal any decision if you disagree with it
- If you still feel that you haven’t reached the outcome you were looking for, you might consider taking the case to an employment tribunal
Redundancy Advice Near Me
Challenging redundancy can feel like an overwhelming task.
Not only are you dealing with a redundancy situation, but you’re also contending with a redundancy procedure that you feel hasn’t been conducted fairly.
This is where Solicitors Near Me can help you.
We connect you with expert employment solicitors near you for FREE so that you can get the help and advice you need with your grievance procedure – whether you’re in the process, considering it, or unsure what your best option is.
You’re under no obligation to press ahead with the solicitor we connect you with and until you decide to proceed, everything is completely FREE.
Find An Employment Solicitor Now