We may be able to help you pursue a No Win, No Fee claim for compensation.
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Redundancy occurs when an employee is dismissed because a business ceases to trade or where the need for workers of a particular kind either diminishes or ceases entirely.
There needs to be a genuine redundancy situation for a dismissal on these grounds to be considered fair. Your employer also needs to ensure that a correct and fair redundancy procedure is followed.
If you have been made redundant but have concerns as to whether this was the real reason for your dismissal, or if you feel the redundancy selection procedure was unfair, then please contact us for free and without obligation advice on your legal options. We may be able to help you pursue a No Win, No Fee claim for compensation.
If a genuine redundancy situation arises then your employer must ensure that a fair process is followed in selecting workers who are to be made redundant. If your employer fails to achieve this, then it may be possible to claim compensation for Unfair Dismissal.
Your employer should draw up a selection criteria for who may be made redundant. This can include factors such as attendance record, standard of work performance and experience level. It cannot include factors such as sex, race, disability or age.
The employer should identify a pool of workers who could potentially be made redundant. The pool should generally include all employees who carry out the same or similar work to others within the pool. For example, if a company is making members of their sales team redundant, then all sales employees should ordinarily be included within the redundancy pool.
Meetings should take place with all employees within the redundancy pool during a period of consultation. Individuals should be informed that they are at risk of redundancy and alternatives to redundancy should be considered.
An employer is under a legal duty to consider whether there are any other jobs available within the business which a person who they intend to make redundant may be capable of performing.
If you are made redundant from your job, your employer must be able to demonstrate that there is a genuine reason for the redundancy.
Each case is considered on its own facts and all circumstances need to be taken into account when determining whether a genuine reason for redundancy applies.
There may be concerns that the dismissal was for reasons other than redundancy if, for example, your employer hires or advertises for new staff in the same role shortly before or after your redundancy.
Concerns may also arise if you were the only person, or one of a few, made redundant in a large, profitable company. If you were made redundant after having been criticised for your work performance, or if you had a poor relationship with a supervisor or manager, you may also question whether a genuine redundancy reason applied.
If you have been made redundant but feel the reason for your dismissal was due to other factors then please contact us for advice. It may be possible for you to pursue a No Win, No Fee claim for compensation.
- The business ceases to trade entirely or has become insolvent
- The business or job moves to a new location which would be impractical for you to reach
- The work you do is no longer needed due to a downturn of business
- New work avenues are introduced by the business which require a different skill set
- Technological advances reduce the requirement for workers in the field