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The position must be superfluous to the requirements of the business. For example, the employer is making changes to enable the business to operate more efficiently and cost-effectively has decided, for a “genuine reason” that the employee’s position is no longer needed.
The position must actually be disestablished. The employer cannot claim redundancy by minor alterations to a job description or employing new employees to undertake the same or a similar position.
The business is closing down or for sale.
If you have been made redundant, the work you did still exists and you believe you shouldn’t have been made redundant, contact us for legal advice.
If a reduction in staff who perform the same role is occurring and you aren’t the lowest performing in the role, then you should also call us, your dismissal may be unjustified.
Your employer must follow the proper process when they need to make someone redundant.
Restructuring or redundancy must be carried out in good faith and your employer must not mislead or deceive you.
Your employer must;
Give you written notice of a discussion/meeting. The letter should say that the meeting is to discuss redundancy or restructuring;
Tell you the reason for the proposed changes, and how they will affect your job;
Consult with you and anyone else who may be made redundant;
Give you a chance to get independent advice, and to have a representative or support person with you when you attend the meeting to discuss your possible redundancy or restructure;
Consider your suggestions before they make any decision about their proposed changes; and
Consider alternatives to making you redundant e.g. giving you a job elsewhere in the company or reducing your hours of work.
If the redundancy is false and amounts to an unjustified dismissal, we can pursue a personal grievance on your behalf.
It’s free to discuss your situation with us. We can help you with all aspects of redundancy.
