When might redundancy constitute unfair dismissal?

Redundancy is a type of dismissal and thus redundancies can fall foul of the UK’s unfair dismissal laws. Particularly in the case of collective redundancies, there are more rules surrounding redundancies than for other types of dismissals.

There are two main ways in which a redundancy may fall foul of the UK’s redundancy laws. First, a dismissal may be termed a redundancy when in fact it is a regular dismissal. This may occur if the reason for dismissing the employee is not one recognised as giving rise to a valid redundancy.

The typical reasons for redundancy include that the position is no longer required either because of technological, business or other requirements, or that the role has changed and will require a different skill set. If an employer dismisses an employee saying it is a redundancy, but then fills that same role with another employee, it is not a true redundancy and is likely to constitute unfair dismissal.

Second, a redundancy may constitute unfair dismissal if a fair process was not followed. Before an employer can make an employee redundant, they must notify the affected worker(s) and consult with them about the upcoming changes. The employer must discuss the reasons why the employee is up for redundancy and must consider the alternatives to redundancy. If the employee is entitled, they must be paid their redundancy payout. If any of these aspects of the redundancy process are not followed, the redundancy may constitute an unfair dismissal.

If you think you have been unfairly dismissed in a redundancy situation, you should seek legal advice from an employment solicitor. An employment solicitor may advise you to take legal action to recover compensation for your unfair dismissal.

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