An employee who has been made redundant may feel that it was unfair, that someone else should have been selected for redundancy, that their position was not genuinely redundant or that there was a lack of consultation. If that is the case they may be able to to bring a claim of unfair dismissal at the Employment Tribunal.

Employers are required to consult with employees in respect of a redundancy situation. The consultation extends further than merely looking for suitable alternative employment. It should involve considering ways of reducing the need to make redundancies and reviewing those positions/people who have been highlighted as potentially redundant and asking if others should be included.

Where the employer is required to choose employees for redundancy from a pool of other employees performing the same or similar roles, the employer is required to consult as to how those to be made redundant are to be selected.

The process should be one of consultation and not merely information.

An employee who has been with their employer for over 2 years is entitled to a redundancy payment. There is a statutory formula to calculate what that payment should be or they may have a contractual right to a payment greater than the statutory entitlement. The statutory entitlement is calculated with reference to age, length of service and rate of pay.

Employment law clinic

We provide a free employment law clinic for employees between 14.00 and 17.00 every Monday. In the free 20 minute appointment we will be able to assess and provide a realistic appraisal of your claim.  To make an appointment call us on 0800 083 0815.

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