Redundancy is a type of dismissal. The law says that is fair for employers to dismiss an employee for one of the
following reasons:
However, the employer MUST be able to demonstrate their reasoning behind dismissing you. If they don't you can take your case to an Employment Tribunal.
What is unfair dismissal?
You have up to 1 year to complain to an Employment Tribunal if you think your dismissal was unfair.
Follow this link for what an unfair dismissal case could result in
What is an automatically unfair dismissal?
Certain dismissals are “automatically unfair” in which case you just have to show that the dismissal was for one of the following reasons:
- Misconduct at work.
- Lack of capability (or qualifications) to do the job.
- Redundancy.
- A statutory requirement.
- Some other substantial reason.
However, the employer MUST be able to demonstrate their reasoning behind dismissing you. If they don't you can take your case to an Employment Tribunal.
What is unfair dismissal?
You have up to 1 year to complain to an Employment Tribunal if you think your dismissal was unfair.
Follow this link for what an unfair dismissal case could result in
What is an automatically unfair dismissal?
Certain dismissals are “automatically unfair” in which case you just have to show that the dismissal was for one of the following reasons:
- Membership (or non membership) of a trade union or for trade union activities.
- Health and safety.
- Bringing proceedings against the employer for breaking certain statutory employment rights.
- Unlawful discrimination on grounds of one of the protected characteristics.
- When the employee’s work is transferred to another employer, under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).
- Refusing to forego a right under the Working Time Regulations.
- Seeking to enforce rights under the National Minimum Wage Act.
- Making a protected disclosure under the whistle blowing legislation.
- Trying to obtain (or prevent) recognition of an independent trade union.
- Seeking to exercise the right to be accompanied at a grievance or disciplinary hearing.
- Taking part in lawful industrial action.
- In connection with the employee’s rights with regard to parental, paternity or adoption leave, time off for looking after dependants, maternity leave or the right to ask to work flexibly.
- Taking action in connection with part-time workers’ or fixed-term workers’ rights.
- Refusal by a shop worker to work on Sunday.
- Connected with an employee’s function as a pension fund trustee.
- In breach of the Information and Consultation Regulations 2004.
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