Employers sometimes have no option but to make redundancies and want to make sure that they get their processes right and make fair choices. However, whilst redundancy is a potentially fair reason for dismissal, employers sometimes use redundancy as a convenient ‘shorthand’ when looking to dismiss employees they no longer want, for example where they believe that there are performance issues or where the employee no longer ‘fits’ the team.
A genuine redundancy occurs when:
- an employer’s business, or part of it, has ceased to operate; and/or
- the employer’s business has moved to a different place; and/or
- the business’s need for work of a particular type to be done has ceased or diminished.
Even if there is a genuine redundancy situation, an employer must still follow a correct redundancy process. Lack of a genuine redundancy situation, or failure to follow a fair process can give rise to a claim.
If you are an employee we can help guide you through the process to try and ensure the best possible outcome in the circumstances and to put you in the best negotiating position.