In these circumstances, it may be the case that, subject to a full assessment of the specific facts of the case, an employee may have claims of Unfair Dismissal and / or Age Discrimination. Please read on for more information.
Client Scenario
Mr X (a 65-year-old employee) has been approached by his employer and asked about his intentions surrounding retirement and how long he intends to work for. After stating their intention is to remain working, Mr X suddenly finds himself subject to a redundancy procedure.
Redundancy Procedure
If Mr X is advised that his role is at risk of redundancy his employer should then proceed with a reasonable and genuine redundancy procedure.
As a brief overview, the following procedure should be followed:
- Mr X should be invited to at least two (but it can be more) consultation meetings. The purpose of these consultation meetings is for both parties to have a genuine and meaningful two way dialogue about the proposed redundancies and potential ways to mitigate it. In Mr X’s scenario, he should be asking what the rationale for redundancy is, and why has he specifically been selected as at-risk of redundancy.
- Mr X should be informed if he is classed as a stand-alone role or has been placed in a pool of other at-risk candidates. This will largely depend on the specifics of Mr X’s role.
- If Mr X is placed within a pool of at-risk candidates, he should be informed how the pool is going to be assessed and scored. He should be provided with any scoring matrix and his own scores.
- Mr X should be made aware of any suitable alternate employment that is available within the company and be provided with details on any vacancies as well as details on how to apply for those roles.
For further details on a redundancy procedure please see our blog: https://lincslaw.co.uk/blog/are-you-at-risk-of-redundancy-3/
Unfair Dismissal due to Redundancy
Provided Mr X has two years of continuous service at the time of his dismissal, he has the right not to be unfairly dismissed due to redundancy.
If his employer wanted to dismiss him on grounds of redundancy, they would need to evidence: –
- That there was a genuine redundancy scenario
There are only three legitimate grounds for redundancy as follows:
- The Company has closed in its entirety
- The place of work where Mr X is located has closed in its entirety.
- There is a cessation or diminishment in the type of work Mr X does which requires a reduction in the workforce.
- The decision to dismiss was reasonable in all the circumstances.
They must be able to show that their decision to make Mr X redundant was reasonable when considering all facts. This includes whether a fair and proper redundancy procedure was followed, proper consideration of any mitigation, and consistency of treatment.
If Mr X’s employer cannot meet the above criteria, then any redundancy dismissal may be unfair, and he may have a claim at the Employment Tribunal.
Age Discrimination
Mr X may also have a claim of Age Discrimination related to the decision to subject him a redundancy procedure and any subsequent redundancy dismissal.
Age Discrimination is where an employee is treated less favourable than other colleagues because of their age.
If Mr X can evidence that his employer treated him less favourable (by subjected him to an unfair redundancy procedure and / or dismissing him) because he is a certain age and had voiced his intention to carrying on working, then he may have a claim for Age Discrimination.
Employment Tribunal Time Limits
There are strict time limits for employees to start the Employment Tribunal. You must lodge your claim(s) with ACAS Early Conciliation within three months (less one day) of the incident complained of. This may be the date of dismissal and / or the last act of discrimination.
These time limits are very important and must be adhered to. It can often be difficult to know when the last incident complained of occurred. Therefore, I recommend you seek specialised employment advice as soon as possible, if you have been dismissed or subjected to any discrimination, to ensure you do not miss any deadlines.
How Can Lincs Law Help You
If you have any concerns relating to the matters discussed above, please contact Lincs Law on 01522 440512 for an initial free, no obligation, phone enquiry. For more information on the services, we offer please visit our website: https://lincslaw.co.uk/services/employees/
Jasmine Stewart
Specialist Employment Solicitor
Tags: Age Discrimination employment solicitors jasmine stewart lincs law employment solicitors Redundancy due to age Redundancy process