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.

Redundancy or dismissal?

Redundancy is a type of dismissal.  The law says that is fair for employers to dismiss an employee 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.

I think I have been unfairly dismissed. What can I do?

If you think that you have a case for unfair dismissal,

• get your evidence together
• get legal help

The time limit for lodging a claim for unfair dismissal at the Employment Tribunal is three months, less one day, from the effective date of termination of the contract of employment. This time limit is strictly applied.

What the end result could be

Why put yourself through it?  If successful, there are three likely outcomes: -

• Reinstatement - you could get your job back with no loss of money or security 
• Engagement - you could get another job with the same employer.
• Compensation - a basic award calculated in a similar way to a redundancy plus a compensatory award to compensate the employee for the financial losses incurred as a result of the dismissal.

The maximum compensatory award is updated every year, but unless you are a very high earner, it is rare for Tribunals to award the top amount.  Most will award for loss of earnings to the date of the hearing plus a limited amount to compensate for future loss.

Reinstatement and re-engagement are rarely ordered by Tribunals.

Tribunals can adjust awards up or down by 25% if they think that either the employer or employee unreasonably failed to follow the Acas code of practice (www.acas.org.uk).

Interim relief


In some special cases, you can apply urgently for an order for interim relief to reinstate you pending the main hearing. This is rare and usually only when there is a reasonable chance of reinstatement/engagement .  Examples might be because you were dismissed due to : -

• trade union or health and safety activities; 
• as a pension fund trustee; 
• acting in relation to union recognition; 
• exercising rights to be accompanied to a disciplinary or grievance hearing.

An application for interim relief has to be made within seven days of the dismissal.

Tribunals can adjust awards up or down by 25 percent if they think that either the employer or employee unreasonably failed to follow the Acas code of practice (www.acas.org.uk).

What your employer must tell you

In today's litigious environment, the employer is an anxious as you to get things right.

You need answers and they should have no issue with giving them to you.  If not, then you have a potential claim against them and you're not only preparing for redundancy but an employment tribunal.

The information that either you or your rep should be receiving is: -

• reasons for the proposed redundancies
• number of employees that are proposed to be made redundant
• different types of employees that are proposed to be made redundant
• number and types of employees
• how any employees to be made redundant will be selected
• time period over which any redundancies may be carried out
• how any redundancy payments will be calculated
• redeployment options within the organisation

If you don't get this info, just ask for it.  In writing.