If you have been made redundant, you may have a claim for Unfair Dismissal in the Employment Tribunal. Please read on to find out more.
I Have Been Made Redundant: What Does This Mean?
If you have been made redundant, this means your employment has been terminated by reason of redundancy. To meet the legal definition of redundancy, your dismissal should have been wholly or mainly attributable to:
- Your employer ceasing to trade altogether; or
- A workplace closing or moving; or
- A reduced need for employees to carry out a particular kind of work.
For more information about each of the scenarios above, please see our blog here – https://lincslaw.co.uk/blog/are-you-in-a-redundancy-situation/.
I Have Been Dismissed by Reason of Redundancy – Should I Appeal?
If you have been dismissed by reason of redundancy, you have the right to appeal your employer’s decision. Whether you decide to appeal your redundancy is, of course, completely your choice. However, if you are unhappy with your employer’s decision, we would advise you submit an appeal. This is because:
a) If you do not appeal, your dismissal will remain in place and cannot be challenged (internally) months later. Think of your appeal as your last chance to challenge your employer’s decision, to put forward your case and potentially change the outcome. By submitting an appeal, your employer may consider your submissions and change the outcome.
b) Also, if you are considering pursuing a claim (such as, a claim for Unfair Dismissal) in the Employment Tribunal, an Employment Tribunal Judge will expect you to have exhausted all internal processes which would include appeals. They can reduce your compensation if you fail to do so.
Can You Claim Unfair Dismissal If You Have Been Made Redundant?
The short answer is, potentially yes!
Generally, you need at least two years’ service with your employer to bring a claim of Unfair Dismissal at the Employment Tribunal. There are, however, limited exceptions to this rule. For more information about this, please see our blog here – https://lincslaw.co.uk/blog/unfair-dismissal-less-than-two-years-service/
If you have at least two years’ service with your employer or one of the exceptions (as above) applies, you may have a potential claim for Unfair Dismissal in the Employment Tribunal.
In any event, please note there are other claims available in the Employment Tribunal which do not require a minimum length of service. This blog does not specifically deal with this issue, however, for more information about this type of claim, please see our page here – https://lincslaw.co.uk/services/employees/workplace-problems/discrimination-bullying-and-harassment/.
What Is Unfair Dismissal?
Unfair Dismissal is a claim in the Employment Tribunal. For this claim, the burden would be on your employer to prove to the Employment Tribunal that:
- They had a potentially fair reason to dismiss you; and
- In the circumstances, it was reasonable to dismiss you for that reason.
Each of the points above are addressed below.
Did Your Employer Have a Potentially Fair Reason to Dismiss You?
Under the Employment Rights Act 1996, there are five potentially fair reasons for dismissing an employee. One of these potentially fair reasons is redundancy.
To rely on this reason, your employer would need to prove that redundancy was in fact the reason for your dismissal and that the definition of redundancy (as listed above) applies. If you consider there was not a genuine redundancy situation and, perhaps, redundancy was used as a front to dismiss you for a different reason, you may have a claim for Unfair Dismissal in the Employment Tribunal.
In The Circumstances, Did Your Employer Act Reasonably in Making You Redundant?
Even if your employer can identify redundancy as a potentially fair reason for your dismissal, this does not necessarily mean the dismissal was, in fact, fair.
For a claim of Unfair Dismissal, the Employment Tribunal would then look at the reasonableness of the dismissal. The Employment Tribunal would consider if your employer’s decision to make you redundant falls within the “band of reasonable responses”. This means whether a reasonable employer could have made the same decision.
As part of this consideration, an Employment Tribunal would consider the definition of redundancy (as above), whether your employer followed a fair redundancy procedure and whether your employer took steps to try and avoid your redundancy.
Redundancy processes will differ from employer to employer. However, generally, your employer should have:
- Correctly identified a pool of “at risk” employees
- Warned and consulted with you about the proposed redundancies
- Provided sufficient information about the redundancy situation
- Adopted a fair selection criteria
- Applied the selection criteria correctly and fairly selected you for redundancy
- Taken steps to try and avoid your redundancy (such as, consider suitable alternative employment). For more information about this point, please see our blog here – https://lincslaw.co.uk/blog/redundancy-what-is-suitable-alternative-employment/)
If your employer has failed to follow a fair redundancy procedure or, perhaps, they have failed to offer you a suitable alternative role, you may have a claim for Unfair Dismissal in the Employment Tribunal. For more information about this, please see our page here – https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/redundancy/
If you have been made redundant and you think you may have a claim in the Employment Tribunal, why not contact us for a no obligation, free consultation. Please use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512.
Unfair Dismissal – Time Limits
If you have been dismissed by reason of redundancy and you wish to pursue a claim for Unfair Dismissal in the Employment Tribunal, it is very important that you are aware of the relevant time limits.
You must start the Employment Tribunal process within three months (less one day) of the date of your dismissal. You start the Employment Tribunal process by initiating ACAS Early Conciliation. More information about ACAS Early Conciliation can be found here – https://lincslaw.co.uk/blog/acas-early-conciliation-what-is-it-all-about/
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we understand that being made redundant can have a devastating effect on you and your family. As specialist employment solicitors, we would be delighted to help you. If you would like a free consultation with one of the team at Lincs Law Employment Solicitors, please contact us for a free no obligation consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
For more information about redundancy, please also see my other blogs. These include:
Redundancy Definition – Are You In A Redundancy Situation? https://lincslaw.co.uk/blog/are-you-in-a-redundancy-situation/
I Have Been Made Redundant – Can I Take Time Off To Look For A New Job? https://lincslaw.co.uk/blog/i-have-been-made-redundant-can-i-take-time-off-to-look-for-a-new-job/
Redundancy: What Is Suitable Alternative Employment – https://lincslaw.co.uk/blog/redundancy-what-is-suitable-alternative-employment/
What Payments Are You Entitled To If You Have Been Made Redundant? https://lincslaw.co.uk/blog/what-payments-are-you-entitled-to-if-you-have-been-made-redundant/
Kate Key
Trainee Employment Solicitor
Lincs Law Employment Solicitors
Tags: appeal redundancy fair redundancy procedure Kate Key lincs law employment solicitors redundancy Trainee Employment Solicitor unfair dismissal
