If you have recently been made redundant but consider you should not have been selected; or, that your employer has not followed a fair procedure, you may have a claim for Unfair Dismissal. Also, you may be entitled to a redundancy payment and other contractual payments. Please contact one of our advisers to discuss. The Employment Tribunal has very strict time-limits for makings claims; usually three months less one day from dismissal. It is therefore important you seek advice as soon as possible.
What makes a redundancy dismissal unfair?
A redundancy situation arises where there is either a closure of the particular workplace, or a reduction in the size of the workforce. Your employer is obliged to follow certain procedures to ensure all redundancies are carried out fairly. The following may render a redundancy dismissal unfair:-
- No genuine redundancy situation
- Failure to consult
- Unfair selection
- Failure to consider suitable alternatives to the redundancy.
Also, if your employer makes over twenty or more employees redundant it is obliged to consult with elected representatives. Failure to do so will entitle you to make a claim for a protected award as a result.
If you are unfairly dismissed, you will be entitled to either:-
- reinstatement (i.e. being taken back into your old job)
- re-engagement (being taken back by your employer to a different job)
- or compensation.
The most common remedy is compensation.
The Employment Tribunal has very strict time-limits for making claims; usually three months less one day from your last day of employment. It is therefore important you seek advice as soon as possible.
If you think that your redundancy dismissal may not have been fair and would like some legal advice,
Please do not hesitate to contact your nearest Ringrose Law office in Boston, Sleaford, Grantham, Newark, Lincoln, Spalding and ask for a member of the Employment Law team.