An employer may only make an employee redundant if there is a genuine redundancy situation. An employee cannot be made redundant based on performance or conduct issues.
Unfortunately it is a sad fact of the business lifecycle that when the economy is difficult, employers will need to cut jobs and make some of their employees redundant.
Redundancies are usually brought about by financial difficulties and if redundancy processes are dealt with incorrectly employment tribunal proceedings may arise therefore it is vitally important that the procedure is administered correctly in order to protect the position of the employer and the rights of the employee.
Even where there is a genuine redundancy situation an employer must follow a minimum procedure before it dismisses any employees.
An employer should:
- consult with the affected employees about the situation and the procedure
- use fair criteria to select employees for redundancy
- look at other jobs that it might be able to offer the affected employees
- Allow employees to appeal against any decision to make them redundant.
Depending on how many employees are affected, an employer may be required by law to comply with special consultation requirements.
At Eric Robinson Solicitors we can advise any employer faced with a redundancy situation pursues of the proper and lawful process to follow. Equally, if you are an employee made redundant but you believe that there was another reason for your dismissal we will be able to advise you on whether you have an employment tribunal claim for unfair dismissal. Contact us today.