Unfair Selection for Redundancy

Legally reviewed by: LLM, LPC & LLB (Hons) Shereen Murphy Updated: October 4, 2022In: Employment

Things to Consider when you’ve Been Selected for Redundancy

Losing your job is a horrible experience for anyone, but when you suspect that you may have been the victim of unfair selection for redundancy it can be even more difficult to stomach. If you have reasonable grounds to suspect that this may have happened to you, professional legal advice can assist you in building a strong case against your former employer.

Here at AWH Solicitors, we are passionate about helping you if you’re in this difficult situation.

How Do You Know if You’ve Been the Victim of Unfair Selection for Redundancy?

Whilst being made redundant is devastating, choosing people who are going to be made redundant is also a difficult process for the employer. For this reason, a fair employer will try and use a reasonable procedure. Some of the most common methods that are used are:

• Comparing the skills, qualifications, experience and performance of employees
• Looking at disciplinary records
• Asking if there are any volunteers (also known as self-selection or voluntary redundancy)
• Selecting the employees with the shortest length of service

Your employer can also make you redundant if there is a company change that means that your original job role no longer exists, but they may also offer you a different role if one is available. In some cases, you may have to re-apply for your own job to compete with your colleagues for the smaller number of positions.

You may have been the victim of an unfair selection for redundancy if you suspect that you have been made redundant for any of the following reasons:

• Your age
• Your race
• Your gender
• Your disability
• Your marital status
• Your religion or beliefs
• Your sexual orientation
• You have been doing jury service
• You have exercised your statutory rights (legal rights)
• You have gone on paternity or maternity leave
• You are the trustee of a company pension scheme
• You have exposed your employer’s wrongdoing (also known as whistleblowing)
• You have been taking part in lawful industrial action that has lasted 12 weeks or less

This is not a complete list, and situations like this are often on a case-by-case basis. If you would like to talk to someone about whether you can pursue an unfair selection for redundancy claim, then contact us today.

Taking Legal Action

There is no statutory right (legal right) to be able to internally appeal your redundancy, but a good employer may offer you this right. If you have a dismissal policy in the contract that you signed when you started your job then this may also provide an option for an appeal.

You should be entitled to standard redundancy payment if you have been employed with your present employer for a minimum of 2 years, and you may even be entitled to a larger amount of compensation if your employer has a contractual redundancy scheme. Standard redundancy payment is calculated based on:

• How long you have worked for your employer
• Your age
• Your weekly pay

Contact us for expert advice on the best course of action if you believe you have been made redundant unfairly.

How can AWH Help me with my Unfair Redundancy Claim?

We are always eager to help our clients with cases where they have been unfairly treated by their employers. Contact us today if you feel like you have been exposed to unfair selection for redundancy criteria and let us assist you in constructing a strong case.