Any employee being made redundant should be satisfied that redundancy is the real reason for their dismissal from the workplace. Although redundancy is sometimes a fair reason for dismissal, your employer must ensure that the process is fair and that they are using the appropriate legal procedures. Specialist employment law solicitors can advise you on the legitimacy of any redundancy situation or redundancy process. Swan Craig Solicitors are able to guide you through the legalities, and also provide practical advice to help you understand the whole picture regarding the options available to you.
Read on to learn about your rights and gain peace of mind that you’re being treated fairly throughout the redundancy process.
What Constitutes Redundancy?
You are regarded as redundant where a dismissal is wholly or mainly attributable to the moving of a place of business, the cessation of that business or in an instance of surplus labour (where fewer workers or different skills are needed within the company). You would however not be regarded as redundant when a dismissal is wholly or mainly attributable to: The transferring of night workers to day workers, changes to a shift system or the reduction of overtime.
The Selection Process
The selection process for redundancy must always be fair. If you feel that discrimination has come into play during the redundancy process, you may be eligible to make a claim under The Equality Act. It is illegal to make someone redundant because of their:
- Sexual orientation
If you aren’t sure about the next steps to take don’t hesitate to contact us for tailored legal advice from our team of expert solicitors.
What Is An Unfair Redundancy?
Redundancy is likely to be unfair if the employer fails to follow a fair selection process before making a final decision. Other criteria which constitute an unfair redundancy include:
- When an employee has asked for a relevant statutory right at work, such as requesting a minimum wage.
- The employee has complained about the employer doing something illegal, or raised concerns that the employer breached health and safety rules in some way.
- The employee is on a fixed-term contract or works part time.
Can An Employer Be Challenged?
Yes, employee redundancy can be challenged. An employee can make use of an employer’s appeal process, and if the appeals process does not resolve the issue, a solicitor can help the employee decide whether this is a breach of employment law, to take further action, and advise on their claim. If an employee is selected for redundancy, they are entitled to a notice period before employment ends. The statutory minimum is:
- One week if the employee has been employed between one month and 2 years.
- One weeks’ notice for each year if employed for more than 2 years to a maximum of 12 weeks.
Employees should also check the employment contract, as that may constitute longer notice periods.
Swan Craig Solicitors have 16 years of experience in providing employment law advice across a wide range of matters. With over 7 years of commercial law experience, we pride ourselves on providing professional, yet friendly, legal services at a competitive rate. Don’t hesitate to get in touch today for tailored legal advice.