Advice and representation for individuals
Unfair Dismissals and Redundancy
With the cost of living crisis and soaring inflation, you may be worried about your job, but everyone has a right to be treated fairly at work. Sometimes people are dismissed for no fair reason – perhaps their hiring manager has moved on, their face no longer fits, or they have upset the Managing Director.
We explain the key points to be aware of if you are facing redundancy:
- If your employer is seeking to dismiss you, they require a fair reason for doing so, and they must follow a transparent and proper dismissal process. However, being “at risk” does not necessarily mean you will be made redundant.
- Your employer is obliged to follow a fair procedure. If you have worked at your place of employment for more than two years, your dismissal could be deemed unfair if your employer fails to follow a fair process. If you feel this is the case, we will negotiate the terms of any exit on your behalf, to ensure you are paid what you are owed and that your reputation is protected.
- There are certain situations in which any selection for redundancy could be deemed unfair, such as:
- Being on maternity, paternity or parental leave
- On the grounds of a protected characteristic (including sex, race, sexual orientation, disability or religious beliefs)
Therefore, your employer must give a full explanation as to why you have been selected for redundancy. If your employer does not have a fair reason to dismiss you, or if they fail to follow a fair process when handling your dismissal or redundancy, you may be entitled to compensation. By drawing the attention of your employer to their own failings when handling your unfair dismissal, we can improve your negotiating position. In cases in which your former employer refuses to consider settlement, we will then consider fighting for your compensation through employment litigation in the courts and tribunals.
Redundancy can be an unsettling experience. However, with the right guidance, and by identifying the key questions to ask your employer during redundancy consultations, it can be carefully navigated and even turned to your advantage. We will ensure that your employer follows the fair and proper process which you are entitled to.