Tuesday, 18 October 2011

Why was I made redundant?

Your employer should be able to reasonably explain the criteria for why individuals were selected for redundancy.  Sometimes it is obvious, sometimes not.  Common grounds are: -

  • last in, first out (where the employees with the shortest length of service are selected first)
  • asking for volunteers (self-selection)
  • disciplinary records
  • staff appraisal markings, skills, qualifications and experience
Sometimes an employer may use a combination of criteria, perhaps using some kind of points system to get an overall score.

Your employer may select people by asking them to reapply for their own jobs. You should remember that this is still just a way for the employer to decide who to select for redundancy. If you decide not to apply or are unsuccessful in your application, you still have a job until your employer makes you redundant.

If you offer yourself for voluntary redundancy, it is up to your employer whether they actually select you.

Your employer cannot select people for redundancy based on the following grounds:
  • gender
  • marital status
  • sexual orientation
  • race
  • disability
  • religion or belief
  • jury service
  • age
  • whistleblowing 
  • trade union membership or taking part in lawful industrial action (12 weeks or less)
  • health and safety activities
  • working pattern (eg part-time or fixed-term employees)
  • you have transferred employers and are protected under Transfer of Undertakings Regulations (TUPE)
  • you are exercising your statutory rights (for example, asking for a written statement of employment particulars)
  • any reason relating to maternity leave, birth or pregnancy or any other family leave, paternity leave, parental or dependants leave
If you fill any of these criteria, it is an unfair dismissal.


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