Redundancy occurs in workplaces when the employer decided that an employee is no longer needed for the job due to the following reasons:
- The original post for which the employee was hired is already inexistent or dissolved
- There is an urgent need to reduce the number of employees due to operational restrictions
- The company or business is transferring or is closing down
- The job post is obsolete already since a new technology can fulfil it
Now, if for some reason you suspect that there is another underlying factor why you were made redundant, you have the legal right to challenge the management’s decision. Another scenario is that you were made redundant, but the move was made without satisfying any of the parameters enumerated above. It could also be that you were not properly consulted regarding the redundancy decision, which would make the act an unfair dismissal.
Whichever reason applies to your case, you should immediately seek legal representation if you want to challenge your dismissal. For instance, there are good solicitors in London that you can hire to handle your case, so you’ll have a better chance of securing a favorable outcome. Your solicitor would study your case and once proven meritorious, would take care of all the legwork to build a strong argument and then present the same before an employment tribunal.
Here are three legal ways you can contest your redundancy dismissal:
Employees who were made redundant have the right to challenge or appeal such decisions internally with their employer. You have a five-day window from the date of dismissal to lodge your internal appeal.
You may opt to identify a position within your organization to which you feel you can be transferred to. In some cases, the employer may initiate the process but it’s still up to you to accept the role being offered. You may also lodge a challenge if you were not accorded the mandatory consultation period or if the selection process in determining who will be declared redundant is unclear.
While this is not strictly a challenge to your dismissal, a settlement agreement is nonetheless critical since it will dictate how much money you will get as a form of severance or separation pay. This is where your solicitor is highly needed since you can get the shorter end of the stick by the mere wording of the settlement agreement.
Ideally, you must try to negotiate the highest amount possible and without tax cuts, if possible. Keep in mind that when everything’s over, you may or may not immediately find another job so you should really work out the best-possible settlement package.
An employment tribunal works independently from the government and is a venue in which employees who were unfairly dismissed may file a claim. Through your solicitor, you should first inform the Advisory, Conciliation and Arbitration Service (Acas) that you will be making a claim, during which Acas would offer its free Early Conciliation service. This will allow you to settle your dispute with your employer outside the tribunal.
If this option fails, Acas will issue an Early Conciliation certificate, which you and your solicitor will present to the Employment Tribunal. Keep in mind that you have just three months from the date of dismissal to file the claim, so you must act quickly.
Contesting an employer’s decision to terminate you due to “redundancy” and getting the justice you deserve is possible. Remember to work closely with your solicitor to establish a game plan that will serve your best interest.