There are five potentially fair reasons for dismissal, redundancy being one of them.
A redundancy is created when your employer needs to reduce the workforce of a number of reasons. Reasons could include:
The business closing down or moving location
A need to cut costs
New machinery being introduced
If your employer is making less than 20 employees redundant it is an individual consultation. If your employer is making 20 or more employees redundant within a 90 day period it is a collective redundancy.
Once you have been identified as being at risk of redundancy, if more than one person does your job, then there should be a pool of selection for the redundancy. That means that all of the people who are doing the same job or a very similar role are in a pool for potential redundancy.
When the correct pool has been identified, the employees at risk should be scored on redundancY selection criteria. This could include attendance records, work performance & relevant qualifications
Employers should always consult with you before making you redundant. The consultation must be meaningful, with a view of finding a way to keep you employed. The consultation will normally involve:
speaking to you directly about why you have been selected,
looking at any alternatives to redundancy
If this doesn’t happen, your redundancy may be unfair dismissal.
If your employer is making you redundant they should try to offer you suitable alternative employment within their organisation or an associated company. You may also have the right to time off for job hunting
If you have been working for your employer for over two years, you are entitled to statutory redundancy pay, the calculation is based on:
how long you have been continuously employed
your weekly pay, up to a certain limit £400
You should check your employment contract to see if your employer offers a more generous redundancy package.
If your employer has not followed a consultation process you may well have a claim for unfair dismissal.
If your employer has followed correct procedure, but you feel that you have been unfairly targeted for a reason associated with, pregnancy or maternity leave, your age, disability, race, sexual orientation, religious beliefs or trade union membership or activity then your dismissal may also be unfair.
If you disagree with the redundancy in any way you should first challenge this by way of an internal appeal.
Please check out you tube video for advice on how to raise a letter of appeal. Alternately you should contact Your Employment Matters for advice and assistance.