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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, the Claimant must be an employee (rather than an independent contractor or self employed), and must have been working for at least one year (although this requirement is subject to exceptions, for example, if your dismissal was pregnancy related).

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 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 Lara Scott on 0116 212 1000 or complete the form below. Lawson-West offer free initial advice so it won't cost you a penny to find out if you have a claim.

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