Redundancy refers to when an employer reduces the workforce because the job is no longer needed. However, if you are fired and someone else fills the position, it’s no longer a redundancy.
Some of the common reasons for redundancy include the following.
• New technology has been invented making your job unnecessary. Note that, just because there is a new technology in place, it doesn’t automatically mean that you will become redundant.
• If the job you were previously hired to do doesn’t exist anymore.
• If your employer wants to cut costs by reducing the number of staff.
• If the business is closing down or moving to a new location.
• If your business has been bought by another one.
Who Is Chosen For Redundancy?
If you are chosen for a redundancy make sure there is a clear reason and an explanation for it. There shouldn’t be any prejudice in the selection.
Also, you are allowed to appeal in case you disagree with the decision or you feel the selection was unfair. Some employers might choose employees for redundancy depending on their qualifications and skills. However, these are not the only reasons that can be used. Others include:
• A poor attendance record
• Disciplinary record
• Standard of work performance
• Experience or skills
• Any successes or lack thereof at work
What’re The Legal Repercussions?
You should know that redundancy law is quite complicated. For instance, if the employer is making at least 20 redundancies, he/she should provide information about the redundancies in writing.
Also, you need to make sure there is no bias or discrimination. If there is, you can involve the courts in the appeal process.
With regard to the pay, there are some factors that will come into effect in this case. For instance, if you have worked for your employer for more than 2 years and are being made redundant, you are supposed to receive redundancy pay.
On the other hand, you are eligible for the payment if you have had a fixed-term contract for at least 2 years or more that has expired and will not be renewed because of the redundancy.
Why Should You Hire A Law Firm?
Going at it alone when fighting a redundancy might be tough. That’s why you need to hire a lawyer to help you with any impending redundancy.
Make sure the attorney has enough experience handling other redundancies so you can count on a good outcome, especially if there was discrimination or bias.
Disclaimer: The contents of this article are for information purposes only and should not be relied upon as formal legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Specific legal advice should be sort tailored to the individual circumstances in all cases.
David Philip Harris is a recognised employment solicitor with over 10 years of experience in advising employees and employers on employment law matters. He is a frequent contributor to BBC Radio Berkshire and People Management Magazine. David has represented individual and corporate clients in the employment tribunal as well as the High Court and County Court. David is a member of The Law Society and The Employment Lawyers Association (ELA UK). To contact David, visit the Contact Us page. For media enquiries: info@dphlegal.com.