SELECTION FOR REDUNDANCY
WHAT IS REDUNDANCY?
Redundancy generally arises when an employee's dismissal is attributable to the fact that job you were employed for no longer exists, there is a need to cut staff numbers, the business is closing down or moving to a different location or new developments have made your job unnecessary.
ELIGIBILITY FOR STATUTORY REDUNDANCY PAYMENT
As an employee you are eligible for a redundancy payment if you have at least two years continuous employment and you are dismissed by reason of redundancy.
GOOD EMPLOYMENT PRACTICE
The procedures your employer must follow are well defined. Redundancy is a form of dismissal. If your employer does not follow the correct procedures your dismissal may be found to be unfair by an employment tribunal. Our employment solicitor can advise you on these issues.
EMPLOYER RESPONSIBILITIES
Your employer must use a fair employee selection process, issue individual employees with a warning of potential redundancy and have a consultation period. They must also take reasonable steps to re-deploy, give the redundancy pay due and give the correct amount of notice. Our employment Solicitor can advise you on these issues.
FAIR SELECTION CRITERIA
Your employer must be able to demonstrate that their selection process for redundancy is fair and legal. Commonly used criteria are length of service, accepting volunteers, appraisal records, qualification and experience. Your employer may use a points system based on a combination of factors. Our employment solicitor can give a view as to whether a selection process is acceptable.
UNFAIR SELECTION FOR REDUNDANCY
If your employer is judged to be selecting on the basis of gender, race, disability, or religion any dismissal would be unfair. Likewise selecting an employee on the basis that the are whistleblowers, raised health and safety issues or that they were on part time or fixed term contracts is also considered to be unfair dismissal. Our employment Solicitor can help clarify your position.
UNFAIFLY SELECTED?
If you think you have been unfairly selected for redundancy, are unsure of your rights or have been asked to sign a compromise agreement it is important that you make early contact with an employment Solicitor.
CALL 0161 832 3304 FOR A CONSULTATION WITH A SOLICITOR AT DAVIS BLANK FURNISS
