Monday, 26 October 2020

Q&A: Redundancy


Q: I have been made redundant but my employer is advertising my old job, was my redundancy fair?


A: Redundancy is when a job no longer exists; this may be for a number of reasons, for example if the employer needs to restructure and the job is abolished, new methods mean that the position is no longer required, or the employer changes the work they do. Employers must do what they can to avoid making staff redundant; this includes offering employees at risk of redundancy an alternative role within the business.

If a role is the same as, or similar to, one which you were performing you may be able to claim unfair dismissal because it may be the case that the employer failed to find you alternative work rather than make you redundant. 

It is possible that the circumstances within the company have changed since the redundancy took place, which meant that the redundancy was genuine at the time but the company are now able to take on additional staff. 

Regardless of how long you were employed for you should always ensure that you were not made redundant because of discrimination (based on race, age, sexuality, disability or other protected characteristics), if you are concerned that you were you should challenge the redundancy and consider a discrimination claim.

Before beginning an employment tribunal claim you need to speak to Acas (www.acas.org.uk) to start the early conciliation process. 


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