DBS Law Ltd
Tel 0800 157 7055
redundancy and related matters
Redundancy is a form of dismissal from your job, caused by your employer needing to reduce the workforce. Potentially fair reasons for redundancy could include:
- New technology or a new system has made your job unnecessary
- The job you were hired for no longer exists
- The need to cut costs means staff numbers must be reduced
- The business is closing down or moving
Employers should always consult with you before making you redundant. The consultation should aim to provide you with a way to influence the redundancy process. The consultation will normally involve speaking to you directly about why you have been selected and looking at any alternatives to redundancy. If your employer is making 20 or more jobs redundant in one establishment within a 90 days additional specific rules apply when it comes to consultation with the workforce.
If this doesn't happen, your redundancy may be unfair dismissal.
Selection and Notice Periods
Your employer should use a fair and objective way of selecting jobs to make you redundant. This means that it should be evidence based rather than your employer just deciding who they want to make redundant. Remember, it is the position or job that is being made redundant, and not the specific individual fulfilling that role.
Normally your job must have disappeared for your employer to make you redundant. However, it can still be a genuine redundancy if someone moves into your job after their job disappears, making you redundant (called bumping).
If your employer bases your redundancy selection on an unfair reason your redundancy will automatically be unfair and you may be able to make a claim to an Employment Tribunal for unfair dismissal.
Redeployment
If your employer is making your position redundant they should try to offer you suitable alternative employment within their organisation or an associated company. Your employer should consider any alternatives to making your job redundant.
DBS Law’s Employment Department provides expert advice to employees on all aspects of employment law. Whether you require initial advice on a particular problem at work or believe you have grounds for a claim we can assist.
