An employee can find a redundancy situation particularly difficult, as if it is a genuine redundancy situation, they are in the situation through no fault of their own. Redundancy has a legal definition which is found in s139 of the Employment Rights Act 1996. It typically occurs where there is a site closure, the role performed by the employee ceases to exist (if it is a unique role) or where the employee is one of a number carrying out that role, there is a reduced requirement for the role and all employees are placed at risk and a selection made.

Redundancy can be a fair reason for dismissal but the employer must still follow a fair process to avoid a claim for unfair dismissal. There are a number of elements to a fair process. The first should be that the employee is placed at risk of redundancy when the proposal reaches a formative stage, secondly it is mandatory for consultation to take place. If a number of redundancies are proposed then consultation will need to be collective consultation. This is a very formal process over set timescales and it requires set information to be communicated with elected representative or the union. Even if the collective consultation is not required, the employer should still consult with the employee individually about the proposal, ways to mitigate its effect and alternative employment. This should be in a series of face to face meetings. At the final meeting before a decision is made, the employee should be told of the outcome and given the right to appeal.

If you think you have been unfairly dismissed in a redundancy situation then you should take advice. All employees with two year’s service are also entitled to a statutory redundancy payment which is calculated in a set way. Some employers also offer a company enhanced redundancy payment. Again if you have concerns over whether you have received the payments to which you are entitled you should take advice.

I provide a fixed fee initial appointment to provide advice as to whether you have been paid correctly or whether you have been unfairly dismissed in a redundancy situation. To discuss your case contact me.