Employment Law on Redundancy - When Redundancy Becomes Unfair Dismissal

Did your employer make your job redundant? Ofprior to the redundancies if 20 or more
course, you should take a look at reasons for theemployees are to be made redundant.
decision. Are you singled out to take aThird, you have been unfairly selected. This
redundancy? Is the business really not doing well?means that the employer's decision to choose
Is the employer looking for a new employee whoyou for redundancy is not objectively justified as
would occupy your position? Be aware that therefair and in due accordance with employment law
may be cases when employers inappropriatelyon redundancy. There must be a consideration
and illegally make employees redundant. You needgiven to important factors or issues like length of
to take a look at the UK employment law onservice, time keeping, productivity, and possible
redundancy.future requirements of the company.
You should be aware that in the employment lawFourth, if there is a business transfer or a change
on redundancy, if you have been made redundantin ownership, there is no need to make jobs
for illogical and unreasonable reasons, you may fileredundant in connection with the business
for an unfair dismissal claim or case. Manytransaction. If you have been made redundant
employees fail to differentiate the two.prior to the sale of the business or after the
According to the employment law on redundancy,change of management, you could count it as an
there is an unfair dismissal instead of redundancyautomatic unfair dismissal, as stated in the
if the following situations are observed. First, theemployment law on redundancy.
redundancy is not actually real. This happens whenLastly, there is unfair dismissal if the employer
you see on the classified ads that the employer isfailed to offer you a suitable alternative
looking for a direct replacement for your position.employment within the company. You have the
You may also learn that the new employee hasright to decide whether to take another job or
been immediately hired after you have beenposition under the same employer. If you think
made redundant.you would not do well in other jobs within the
Second, there is unfair dismissal, not redundancy,company, you may refuse the offer and
if the employer failed to properly and adequatelyautomatically qualify for an appropriate
consult you before you were made redundant. Itredundancy package. Employment law on
is a standard practice that employers notify inredundancy clearly states this.
writing employees in advance before anyIf the employer senses that you are out to file
redundancy is declared. There should also be afor an unfair dismissal claim and case, he or she
formal meeting set by the employer to discussmay offer you a compromise agreement. You
the situation and explore possible options, includingmust hire an independent employment solicitor of
an alternative offer for employment or a possibleyour choice to get guidance in understanding and
transfer to another business unit. Theentering into the agreement. The employer has
employment law on redundancy also mandatesthe responsibility to shoulder all costs hiring a
the employers to inform and at the same timesolicitor could possibly incur.
consult a recognized union for at least 30 days