Redundancy occurs when the employer requires fewer or no workers to do work of a specific kind at a particular location, and not just whether the work itself has ceased or diminished.
The period leading up to redundancy can be a very distressing time for those involved, which is where I can help you by providing practical advice to make sure your employer is treating you fairly and complying with their legal requirements during the selection and consultation process. If the way in which the redundancy process is being conducted or your provisional selection for redundancy is questionable in legal terms, then I can advise you on how best to challenge this and if necessary, how best to approach your employer to achieve a compensation payment under the terms of a settlement agreement.
If you have already been made redundant, you have 3 months from the date you were made redundant to bring a claim to the employment tribunal. Even if you did not challenge your redundancy whilst you were still employed, you may still have the basis of a claim for unfair dismissal at the employment tribunal if your employer did not follow the correct procedure. If you are thinking of issuing a claim or simply want to know your likely prospects of success then I can help. If you decide to pursue the matter then I can advise you on the best way to approach your former employer and try to negotiate compensation under the terms of a settlement agreement. If this fails, then I can advise you on the issue of a claim to an employment tribunal and the ACAS early conciliation procedure.
It is not unusual for an employer to try to make an employee redundant when this is not the real reason for the proposed dismissal – which could be that you have fallen out of favour for no particular reason, or that you have one of the protected characteristics under the Equality Act – for example, you might have a condition that is a ‘disability.’ If you feel this is the case, it is very important to take advice as you may have the basis of a claim for discrimination regardless of your length of service.
To discuss your situation, please call me today on 01892 538762 or 07900 695142.