Examples of unfair redundancy can help you understand your current situation more clearly if you feel that you’ve been dismissed unfairly as part of a redundancy process.
Redundancy is where the needs of a business for work of a specific type have diminished, meaning that they no longer need as many staff members as they previously did.
It can also be because an employer is closing down a specific workplace, meaning that the workers will be asked to relocate and if they’re unable to, they might be made redundant.
And that’s when you’ll enter the redundancy process…
Unfair Redundancy – What Is It?
Any employer that finds themselves in a redundancy situation MUST go through a fair redundancy procedure before making any decisions on redundancy.
If they don’t, then it’s probably an unfair redundancy situation and you have grounds to appeal the decision or take legal action. This process is often known as the ‘grievance’ process.
For the redundancy process to be deemed fair your employer must have a clear process that makes clear that they need to make redundancies. It must also state that they’re considering you for redundancy and whether there are any other jobs available, including more details on the opportunities.
And you should know that you can raise a grievance at any time during the redundancy process – whether that’s at the start, during the consultation process, or after it’s completed.
That means even if you’ve appealed the decision and you’ve been told that there is no further right to appeal, you’re still entitled to raise a grievance.
You can raise a grievance for several reasons, and it’s not just limited to the redundancy process. Some of the most common reasons for doing so are:
- When you’ve raised a grievance informally but feel it hasn’t had the desired effect
- Issues you don’t want to be dealt with informally and want a formal process to determine the outcome
- Serious issues such as non-payment, whistleblowing, or harassment
Acas outlines the minimum standard expected during the redundancy process, although this isn’t a legal requirement. But if a case does go to an employment tribunal, the Acas guidance is the standard they’ll measure any process against, so it’s worth bearing in mind.
If you feel like you’ve been discriminated against because of protected characteristics or beliefs, then this is classed as serious discrimination and it’s important that you seek advice from a legal professional or union representative as soon as possible.
Protected characteristics include:
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Religion or belief
How Do I Appeal Unfair Redundancy?
Unfair redundancy is essentially unfair dismissal, with some very slight differences.
Appealing an unfair redundancy begins by appealing in writing, contesting the decision that your employer has made. It should be made clear in your contract or your employee handbook how you can do this, and you should be mindful of any limits on how long you have to do this.
You should make any appeal within 3 months of the last day of your employment, whether that’s following a notice period or the last day you worked if you had no notice.
A legal expert can assist you in crafting your written appeal, including outlining why you believe you’ve been unfairly chosen and what you want your employer to do in order to correct the situation.
Once you’ve done that and spoken to your union representative or an expert employment solicitor, you should know what your employer’s stance on it is.
If the situation can’t be resolved, you can then make a claim to an employment tribunal.
You’ll need to notify Acas and they’ll attempt to conclude the situation with your employer through ‘early conciliation’, which is basically a settlement outside of a tribunal.
If you still can’t settle the case, you can take your employer to an employment tribunal. The good news is that there are no fees for doing so, and the only costs will be legal costs, depending on the outcome of the case…
Unfair Redundancy Employment Solicitors Near Me
If you’re considering raising a grievance against your employer or feel you’ve been subject to unfair redundancy, it can be hard to know where to start.
It’s probably a difficult time personally and you might be unsure whether you should proceed or not.
That’s where Solicitors Near Me come in.
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 Unfair Redundancy Employment Solicitors Near Me Now