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Employment Law > Redundancy Advice > Discrimination and Redundancy

When is ‘Redundancy’ not Redundancy?

There are situations where your employer might tell you that you are redundant even if legally, you are not.

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If one of the scenarios below applies to you, then you should seek independent legal advice from the expert Employment Law Solicitors here at Canter Levin & Berg.

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 seek legal advice. 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.

Unfair Dismissal Redundancy Advice

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.