It is an unfortunate sign of the times that so many businesses are reducing their staff numbers. We have so many clients contacting us about the redundancy process their employer has applied and asking whether they have been unfairly dismissed. If this is your situation, you are very welcome to call us on 01522 440512 for a free enquiry to discuss your redundancy. In any event, please read on for the answers to some common questions.
What Is Unfair Dismissal?
This is claim to the Employment Tribunal under the Employment Rights Act 1996, Sections 94 & 98. In the context of redundancy, to bring a claim for unfair dismissal you will need:
- Two years’ service with your employer (but please see automatic dismissal and discrimination below where two years is not necessary);
- To have been dismissed/had your employment terminated by their employer; and,
- To have started the Employment Tribunal process (by initiating ACAS Early Conciliation) within three months of your last day of employment. We have more information on our website at https://lincslaw.co.uk/blog/acas-early-conciliation-what-is-it-all-about/
If, following your redundancy, you submit a claim for unfair dismissal to the Employment Tribunal, your employer will need to prove:
- There was a potentially fair reason to dismiss you. If the employer has made you redundant, then they have a potentially fair reason.
- In all the circumstances, the decision to dismiss you for that reason was reasonable. Having identified redundancy as the potentially fair reason for your dismissal, the Employment Tribunal will then look at the reasonableness of that dismissal. There are several key elements to this question which are explored below.
Is it a Genuine Redundancy?
Here the employer will need to show that there is, in fact, a reduced need for staff. For example:
- Has the business closed, or is the workplace closing?
- Has the type of work genuinely reduced? Fewer orders, fewer customers etc
- Is the employer restructuring because fewer staff are needed? New systems, more automation, AI etc
If there is no genuine redundancy, your dismissal may be an Unfair Dismissal.
Were You Consulted (With Or Without A Formal Redundancy Process)?
Here the employer will need to show that they genuinely consulted with you. The Employment Tribunal will consider:
- Did your employer meet with you to discuss the redundancy?
- Were you given a chance to suggest alternatives (e.g. reduced hours, redeployment)?
- If 20+ staff are affected, was there a collective consultation with employee reps/union?
Lack of consultation can make your dismissal an Unfair Dismissal.
How Were You Selected For Redundancy And Was That Selection Process Fair?
Here the employer will need to explain how you were chosen for redundancy. The Employment Tribunal will consider:
- Did the employer use objective criteria (e.g. skills, qualifications, attendance,
- performance)?
- Were the criteria applied consistently across staff?
- Were you scored or assessed fairly, with evidence?
If you were picked because of bias, personal dislike or other reason outside of a fair selection process, your dismissal may be an Unfair Dismissal.
Were Alternatives To Your Redundancy Dismissal Considered?
Here the employer will need to explain what alternative roles they had and, if there were vacancies, why they were not offered to you. The Employment Tribunal will consider:
- Did your employer look for other jobs you could do within the business before you were given notice of dismissal/redundancy?
- Did your employer continue look for other jobs you could do during your notice period?
- Were you offered any suitable alternative employment (and given a 4-week trial period if you accepted)?
If your employer made no effort to consider or offer available vacancies your dismissal could be an Unfair Dismissal.
Was The Whole Redundancy Process A Sham/Fabricated To Engineer Your Dismissal?
Often clients tell us that although the stated reason for their dismissal is redundancy, in reality, there were other factors involved. We have helped clients who suddenly found themselves being made redundant after they raised a grievance, had a run in with a manager, criticised the business – in fact any number of permutations which have nothing to do with the employer needing to reduce the number of staff.
Depending on the “real” reason for the dismissal, it may be automatically unfair and/or an act of discrimination. In these cases, you do not have to have two years’ service with your employer. We have more information on our website at https://lincslaw.co.uk/blog/unfairly-dismissed-less-than-two-years-service/
Lincs Law Employment Solicitors Can Help You
If you have been made redundant and you think you might have a claim, please call us on 01522 440512 for a free, no obligation, telephone enquiry and we will be very happy to discuss your situation with you. Alternatively, for more information about unfair dismissal claims visit our website at https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy
Sally Hubbard
Specialist Employment Law Solicitors
Lincs Law Employment Solicitors
Tags: employment tribunal claim redundancy fair redundancy procedure fair selection for redundancy redundancy redundancy unfair dismissal redundancy unfair dismissal lawyer redundancy unfair dismissal lawyer lincoln redundancy unfair dismissal solicitor redundancy unfair dismissal solicitor lincoln unfair dismissal redundancy unfair dismissal solicitor unfair dismissal solicitor lincoln
