I was made redundant but I think the process was unfair

Quick Answer

A fair redundancy requires a genuine redundancy situation, a fair selection process, meaningful consultation, and consideration of alternatives. Failure in any of these areas can make the redundancy unfair, entitling you to compensation from an Employment Tribunal.

For a redundancy to be fair, four main requirements must be met: (1) there must be a genuine redundancy situation — a reduction in the need for employees to do work of a particular kind; (2) the selection process must be fair and objective, not discriminatory; (3) there must be meaningful individual and collective consultation; (4) reasonable steps must be taken to identify suitable alternative employment.

Common ways redundancy processes go wrong include: the employer selecting employees using subjective criteria (e.g., "attitude" or "team fit") rather than objective ones; failing to consult individually before the decision is final; selecting someone who is pregnant, on maternity leave, or has recently raised a grievance; not considering alternative roles; or using redundancy as a cover for dismissal for another reason (sometimes called "sham redundancy").

If you have two or more years of continuous employment, you can claim unfair dismissal if the redundancy was procedurally or substantively unfair. You may also be entitled to a statutory redundancy payment (based on age and length of service) which is payable regardless of fairness.

If 20 or more employees are being made redundant within 90 days at one establishment, collective consultation obligations apply under the Trade Union and Labour Relations (Consolidation) Act 1992, including notifying the Redundancy Payments Service (RPS).

You must bring an Employment Tribunal claim within three months minus one day of your last day of employment. First notify ACAS to start early conciliation.

Relevant legislation

  • • Employment Rights Act 1996, s.98, s.139
  • • Trade Union and Labour Relations (Consolidation) Act 1992, s.188

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