Unfair redundancy is similar to unfair dismissal but with one key difference – it’s specifically in redundancy cases.
Redundancy can be a challenging process for everyone involved, particularly if you’ve worked for your employer for a long time. And knowing where to start if you think your redundancy was unfair can be even more tricky.
Crucially, any employer that is considering making redundancies must follow a fair redundancy procedure before making any decisions on redundancy.
If that wasn’t the case, it’s most likely a situation where your redundancy was unfair, and you should seek legal advice as soon as possible.
Unfair Redundancy – What Is It?
Redundancy occurs when the needs of a business for work of a specific type have reduced to the point where they no longer need as many staff members as they previously did.
It might also be due to an employer 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.
If your redundancy didn’t follow the proper procedure, you’ll begin by appealing the decision or taking legal action, which 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 and that they’re considering you for redundancy.
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.
You can raise a grievance for several reasons, and it’s not just limited to the redundancy process.
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.
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
Can I Appeal Unfair Redundancy?
Short answer – yes!
Appealing an unfair redundancy begins by appealing in writing, contesting the decision that your employer has made.
Your appeal should be lodged 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.
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 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…
But at Solicitors Near Me, we’re here to help.
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.
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