If for any reason you are being made redundant, you may be eligible for certain rights as part of the official procedures. These procedures include redundancy pay, a notice period, a meeting with your employer, the option to move into a different job or time off to find a new job.
The redundancy selection process must be fair and objective, and should somehow relate to your level of experience or your ability to do the job. Commonly used methods of selection for redundancy include last in, first out, where employees who have the shortest service time with the employer are selected first. Self-selection is often applied, where employers will ask for volunteers to take redundancy. Some companies will consult disciplinary records and those with the cleanest records will be protected. Additionally, those with the highest staff appraisal markings, skills, qualifications and experience will be more likely not to be selected. However, if your job no longer exists, your employer does not have to follow a selection process in making you redundant.
Your redundancy would be classed as unfair dismissal if you were selected based on your gender, age, marital status, sexual orientation, race, disability, religion or belief, trade union membership, working pattern (eg. part-time or fixed-term employees), maternity leave, birth or pregnancy, paternity leave, parental or dependants leave, your membership or non-membership of a trade union, exercising your statutory rights, whistleblowing, taking part in lawful industrial action lasting 12 weeks or less, taking action on health and safety grounds or for doing jury service.
If you have followed appeal procedures but still believe that you have been unfairly or unlawfully treated, speak to one of our expert advisers today. To get in touch with professional Solicitors and discuss your situation further, please contact a member of our team on 0800 1123 256, text ‘contact’ to 80011*, or complete the form to the right and we will contact you.