Unfairly dismissed? - LincsLaw Employment Law Solicitors

Were you an employee?

If you are not sure whether you were an employee, please call us on 01522 440512 for a free consultation to discuss your employment status.

Yes
No

If you were not employed, it is unlikely you would have an Unfair Dismissal Claim at the Employment Tribunal. However, you may still have another type of Employment Tribunal Claim. If you would like an initial free consultation to discuss your matter, please call us on 01522 440512 or request a call back using our contact form.

Were you employed by your employer for two years or more?

When calculating how long you were with your employer, please include all employment for example full-time, part-time etc.

Yes
No

If you were not employed for two years or more, it is unlikely you would have an Ordinary Unfair Dismissal Claim at the Employment Tribunal. However, you may still have another type of Employment Tribunal Claim, for example Automatic Unfair Dismissal or Discrimination. Also, depending on your dates of employment, it may be that your statutory notice can be taken into account to extend your employment to two years. If you would like an initial free consultation to discuss your matter, please call us on 01522 440512 or request a call back using our contact form.

Did your employer go through any consultation process or procedure to make you redundant?

Your employer should engage in a meaningful consultation process or procedure to discuss with you the need for redundancies and explain how your role is at risk.

Yes
No

If your employer has failed to follow any process or procedure to consult with you about your redundancy, it is likely you will have a claim for Unfair Dismissal at the Employment Tribunal. For an initial free consultation to discuss your matter, please call us on 01522 440512 or request a call back using our contact form.

During the consultation process or procedure, did your employer provide information about their selection process?

Your employer should consult with you about the way in which they intend to choose which employees should be selected for redundancy. You should have been provided with full information in advance of your employer applying their selection process.

Yes
No

If your employer has failed to engage and properly consult about how they intend to choose the employees to be made redundant, it is likely you will have a claim for Unfair Dismissal at the Employment Tribunal. For an initial free consultation to discuss your matter, please call us on 01522 440512 or request a call back using our contact form.

Did you consider that the selection process and criteria your employer used to select you for redundancy was fair?

Your employer should apply a fair and objective method of selecting employees to be made redundant. Consider whether their selection process was unbiased and whether any matrix scoring etc was fair. Also, do you agree that the employer made their decisions during the redundancy process, or was it earlier. For example, did they allow some staff to return to work but keep others on furlough – the staff kept on furlough being the ones who were made redundant.

Yes
No

If your employer applied an unfair selection process to select you for redundancy, it is likely you will have a claim for Unfair Dismissal at the Employment Tribunal. For an initial free consultation to discuss your matter, please call us on 01522 440512 or request a call back using our contact form.

Following your selection for redundancy, did your employer inform you of any available vacant positions (up to and including your last day of employment)?

Your employer has a duty to try and avoid compulsory redundancies if possible. Part of that duty is to offer any vacancies they have to those employees who are at risk of redundancy.

Yes
No

If your employer had vacancies available or was recruiting for positions you could have undertaken (even if some training was necessary) it is likely you will have a claim for Unfair Dismissal at the Employment Tribunal. For an initial free consultation to discuss your matter, please call us on 01522 440512 or request a call back using our contact form.

Have you discovered information since your redundancy which makes you think the process was unfair?

Some employees are unhappy with their redundancy but accepting of the decision until they find out further information at a later date. For example:

the employer starts advertising their role soon after their employment has ended;
the employee finds out that others were promised jobs making the consultation process at sham;
the employee finds out decisions about redundancy were made when choosing staff to come back from furlough and not during the redundancy consultation process.

Yes
No

Unfortunately, it is unlikely you will have a claim for Unfair Dismissal at the Employment Tribunal. However, there may be other claims available to you. For an initial free consultation to discuss your matter, please call us on 01522 440512 or request a call back using our contact form.

Has it been three months or more since your last day of employment?

Yes
No

It is likely you will have a claim for Unfair Dismissal at the Employment Tribunal. For an initial free consultation to discuss your matter, please call us on 01522 440512 or request a call back using our contact form.

Have you started ACAS Early Conciliation or submitted a claim to the Employment Tribunal?

Yes
No

Unfortunately, it is unlikely you will have a claim for Unfair Dismissal at the Employment Tribunal. However, there may be other claims available to you. For an initial free consultation, please call us on 01522 440512 or request a call back using our contact form.

We would be delighted to help you with your matter. For an initial free consultation, please call us on 01522 440512 or request a call back using our contact form.

Made Redundant? Do You Have An Unfair Dismissal Claim?

Redundancy: Unfair Dismissal Claim

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