When you are facing or have been made redundant, this will be a very difficult time for you. Our employment solicitors advise employees on their redundancy rights and potential claims for unfair dismissal or discrimination linked to redundancy.
If you are an employee and need legal advice about being made redundant, our large team of over 20 specialist employment solicitors can help.
We will advise you on your legal rights, advise you whether the employers selection process is fair and lawful and how you can contest and ultimately appeal if you are selected for redundancy. If you appeal and don't succeed, you may be able to claim unfair dismissal and/or for some form of discrimination in the Employment Tribunal. We can advise and represent you on making an Employment Tribunal claim.
Is it a genuine redundancy and fair?
You may strongly suspect that your redundancy is not genuine. However, it is difficult to legally challenge an employer's decision that redundancies are necessary. Instead, you may be better challenging your selection for potential or actual redundancy. Common reason employee clients believe they may not have been fairly selected for redundancy can include :-
- where there is a history of difficulties with the employer
- where the employee has raised grievances or received warnings in the past.
- where the employer has recently been recruiting.
- where the employee has recently returned from maternity.
Where employees believe they have been unfairly selected for redundancy, forms of discrimination such as race, religion, gender or disability may also be involved.
Redundancy procedural fairness
Generally, employees who may decide to legally contest redundancy stand a better chances of proving procedural unfairness rather than the employer's decision to make staff redundant. For redundancy to be fair, the employer must :-
- consult with employees
- consider alternatives to redundancy
- have a clear and fair method of selecting employees for possible redundancy
- communicate properly with employees
- allow an appeal by employees who are selected.
Where an employer is making 20 or more people redundant, the consultation period must last for at least 30 days, however, there is no minimum consultation period if the number of employees is less than 20.
We are highly experienced in advising employees on whether the employer has made mistakes in the redundancy process, investigating on the employee's behalf and then obtaining the best outcome, whether that means fighting off redundancy, negotiating a settlement agreement with more money or preparing Employment Tribunal claims based on redundancy.
If you need legal advice and help to understand whether your legal rights on redundancy have been breached, what options are available to you or if you want a lawyer to challenge or appeal being made redundant, please do get in contact.
For more information on how our employment lawyers can help you, please get in touch.