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Redundancy
For those employees who believe that they have been unfairly selected for redundancy, the appropriate claim is unfair dismissal. There are three primary methods of attacking the fairness of a redundancy dismissal:
  • Establishing that the reason for the employee's selection for redundancy was automatically unfair, for example, a reason connected with trade union activities or pregnancy;
  • Where the reason for the employee's dismissal is not automatically unfair, proving that the dismissal was nevertheless unfair because of the method of selection;
  • Even if the method of selection is objective, proving that the redundancy process itself was unfair.

Qualifications for bringing a claim

To proceed, you must be an employee (rather than an independent contractor or self employed), and must have been working for at least two years (although this requirement is subject to exceptions, if the dismissal is related to age, race, disability, sex, pregnancy, health and safety and whistle blowing).

Remedies

  • Those employees who are successful in their claim for unfair dismissal can request reinstatement (returning to their old job); re-engagement (returning to work for the same employer, but in a different role); and/or more commonly compensation.
  • In order to achieve the maximum possible compensation, employees must be able to demonstrate to an Employment Tribunal that they have attempted to 'mitigate their loss' by evidencing applications for alternative employment. It is therefore essential that all relevant documentation is retained.
If you feel you have been unfairly selected for redundancy, please contact Ashley Hunt, Vaishali Thakerar or Carrie-Ann Randall on 0116 212 1000 or complete the form on the right. Lawson-West offer free initial advice so it won't cost you a penny to find out if you have a claim. We also run a number of free walk-in advice clinics at our offices in Leicester, Wigston & Market Harborough.

Lawson-West will make sure that your case is funded on the most appropriate basis and that will often be on a No Win No Fee basis. This means that Lawson-West have a vested interest in ensuring your employment claim is successful.