With economic uncertainty and pressure, employers frequently seek to achieve efficiencies by implementing redundancies. Unfortunately, not all employers treat employees fairly in these situations.
If you have been dismissed by reason of redundancy and the answer to any of the following questions is “no” you may have good cause to consider your dismissal to have been unfair.
(a) Were other employees that performed the same or similar work included in the pool of employees placed at risk?
(b) Has the company adopted non-discriminatory, fair and reasonably objective selection criteria to score each person placed at risk of redundancy?
(c) Were the scores you were given fair and justifiable?
(d) Were you given a chance to consider and comment upon your scores during the consultation process?
(e) Did your employer offer/give you the chance to apply for all available suitable alternative roles in the company or an associated group company?
(f) Did you have a one-to-one consultation meeting with your employer and were you given reasonable time to prepare?
(g) Did you receive a written invite to the redundancy consultation meeting in advance?
(h) Were you reminded of your right to be accompanied?
(i) Were you given a right of appeal?
(j) Was the person who handled the appeal more senior than the person who made the original decision to make you redundant?
(k) If your employer was proposing to make redundant 20 (or more) employees – were you given an opportunity to elect an employee representative to consult with the employer or alternatively – if you are a member of a trade union, did your employer consult your union representative?
(l) If your employer proposed to dismiss 20 or more employees – did collective consultation last for at least 30 days?
(m) If your employer proposed to dismiss 100 or more employees – did collective consultation last for a minimum of 45 days?