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When does a dismissal for reason of redundancy give rise to a claim for unfair dismissal?

Posted on Wednesday, 18th December 2013 by
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Where a genuine redundancy situation exists i.e. the work of the kind carried out by the employee has diminished an employer may be entitled to make the employee redundant notwithstanding the hardship it may cause the employee.

If there is a genuine redundancy situation and the employer follows a fair procedure it may be able to fairly dismiss the employee for that reason. However, the employer must follow a fair procedure which involves consulting with employees to avoid the need to make redundancies. The employer should put all affected employees into a pool and then apply a fair selection matrix to determine who should be made redundant. If the decision to select an employee for redundancy was one which no reasonable employer should have made, or if the employee fails to follow a fair procedure or offer suitable alternative employment then the employee may have a claim for unfair dismissal.

However if an employee simply believes there is no need to make redundancies but the decision of the employer is a genuine decision then it is highly unlikely the employer’s decision can be successfully challenged.

 

Andrew is a Commercial & Employment Law solicitor in Leicester. Our Solicitors in Leicester are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.

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Andrew Robinson - Employment Law
Andrew Robinson - Employment Law
andrew.robinson@ehlsolicitors.co.uk 01509 212 108
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