Our expert legal team have a vast amount of experience with redundancy cases and can help you if you feel you have been discriminated against or unfairly dismissed.

If you are facing redundancy, or you have recently been made redundant, then you will probably need independent legal advice, especially in situations where you suspect you may have been discriminated against, or unfairly dismissed.

Redundancy is a form of dismissal. If you are made redundant, you are dismissed because the work you did is no longer needed by your employer. There are several scenarios that can arise where you can legitimately be made redundant by your employer.

​Disguising Unfair Dismissal as Redundancy

Some unscrupulous employers may claim that they have made you redundant when in fact you have been unfairly dismissed. There are some questions you should ask yourself if your employer is claiming that they have made you redundant which might point towards your having been unfairly dismissed:

Has your employer recently taken on more staff?
If they have, then it would be hard for them to claim that they were making you redundant on the grounds that there was not enough work to do.

Are you the only person being made redundant, or one of very few within a large company?
If this applies to you, it might be the case that your employer still requires someone to do your work.

Did you have a bad working relationship with your employer?
Often an employer may try to get rid of an employee that they don’t get on with by claiming they are being made redundant.

Have you experienced discrimination in the workplace and have you raised your complaints with your employer?
Either way, the real reason you are being dismissed could be related to this discrimination.

If you can answer yes to any of the questions above and you don’t think that you have actually been made redundant, despite what your employer claims, then you should contact us. It might be possible for you to take your employer to an employment tribunal for a claim of unfair dismissal.

​Discrimination and Redundancy

Sometimes, you might be told you are being made redundant when in fact you are being dismissed for reasons of discrimination on the part of your employer. A discriminatory dismissal could occur based on your gender, your ethnicity, your sexual orientation or your perceived sexual orientation, your religion or because you have a disability.

If you are pregnant you may be the victim of a discriminatory dismissal if your employer has told you they are making you redundant as the real reason for your dismissal may be that they do not want to pay you during your maternity leave.

When choosing people for redundancy, an employer is allowed to make a choice based on an employee’s length of service. However they must be able to justify any criteria they are using if they relate to age or length of service. If you are being made redundant and you are older or younger than the rest of the workforce it may be that you have been discriminated against on account of your age.

​Following the correct procedure

Redundancies are difficult for everyone involved and it is hard to overstate the impact that being made redundant can have on your life. How your employer handles any redundancy procedure can go some way towards reducing the bad feelings you might have and can also provide you with help and assistance transferring to a new role within the same business, or finding employment elsewhere.

There are a variety of methods that can be used for redundancy procedures; sometimes the procedure used by your employer will be mentioned in your contract of employment. If you are a member of a trade union, then as well as consulting with you and your colleagues, your employer may also have come to an agreement with your union regarding the redundancy procedure. Similarly, if there are elected employee representatives in your workplace, your employer should consult them before the redundancy procedure begins.

Consultation

Consultation is an important part of the redundancy procedure – your employer should consult you before making a decision on whether or not they are going to make you redundant. If your employer fails to consult you about your redundancy before making a decision then you could have grounds to pursue a claim for unfair dismissal, even if there was a genuine reason for making you redundant.

The length of time any consultation period lasts will depend on the number of employees who are likely to be made redundant at the end of the procedure. When your employer is making a large number of people redundant within a short period of time (90 days), this is known as a collective redundancy. Collective redundancies follow a more formal consultation procedure and your employer must have consulted with the relevant trade unions or employee representatives.

Alternatives

As an alternative to making you redundant, your employer must also consider whether there are other roles within the business that are available and which you would be capable of doing. If a suitable role is available your employer should offer it to you, if they fail to offer it to you without having a good reason, an employment tribunal might consider you have been unfairly dismissed.

What makes an alternative job suitable or not for you will depend on a number of factors including the kind of work involved, the pay, where the job is located (it may be in a location some distance away from your current role) and your personal circumstances (this includes your skills and whether you would be able to do the job).

Your employer must offer you an available alternative job before your current role ends and you must be given information about the alternative job so that you understand the differences compared with your current job.

We can help you
If you suspect you might have been unfairly dismissed from your employment, or you think you might have been dismissed as a result of discrimination, then you need to talk to the employment law solicitors at Canter Levin & Berg.

Call now on 0151 239 1000 to talk with one of our solicitors about your redundancy and your options for pursuing a claim for unfair dismissal against your employer or complete our online enquiry form at the top of this page.

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