How to Challenge Your Redundancy

With the current economic crisis we will inevitably see an increase in redundancies.  Some employers will inevitably use the crisis as an excuse to lose employees which they may have earmarked for possible exit for some time.  Such exits may not be due to redundancy and may be challenged on that basis.

Employers frequently get redundancy wrong and employment lawyer David Greenhalgh specialises in using such errors to negotiate enhanced exit terms.

Areas of challenge used regularly by David when acting for employees and senior executives facing ‘redundancy’ include whether:-

  1. the role is legally redundant
  2. the selection process is unfair
  3. the role is inter-changeable with the roles of others – so not in a pool of 1
  4. failure to choose proper selection pool
  5. failure to consider bumping or pooling
  6. selection for discriminatory reasons
  7. selection in response to whistleblowing
  8. selection due to pregnancy/maternity leave
  9. failure to consult/pre-determined outcome
  10. unfair scoring by failing to take into account maternity/sickness absence

David has 27 years experience of challenging redundancy and seeking and achieving enhanced redundancy exit packages for employees and senior executives.

If you suspect you are about to be put at risk of redundancy, if you have been threatened or dismissed due to redundancy or if you have been offered enhanced redundancy terms under a settlement agreement as part of a redundancy process, David can advise you challenging redundancy & the best approach to achieve your ideal exit package.

Sometimes employees  get a ‘heads up’ on redundancy – a paper left on a photocopier or a tip off .  In that situation, David can give tactical advice on any pre-emptive steps that can usefully be taken to try and get you in the best possible position to challenge when you are later formally placed at risk/dismissed for redundancy.

Legally Redundant?

David can advise you on whether your employer will be able to satisfy the legal test. Where there is no reduced requirement for your role your dismissal may be unfair.  Employers often make the mistake of using redundancy to deal with issues of performance or conduct and that ‘disconnect’ may assist the employee seeking to challenge the redundancy/dismissal.

Fair Process?

Not only must there be a redundancy situation but a fair process must also be followed.   Has your employer calculated the correct period of redundancy consultation required?  Failure to do can result in substantial awards.  Has language been used/have you been told that your role is being made redundant no matter what?

Reorganisation & Restructure

Roles can become redundant as a result of there being a reduced requirement for such roles due to a restructure or reorganisation by the business.  Employers can create new roles or change job titles and this may result in employees being asked to apply for those newly created roles.  The big question is usually how different are the old and proposed new roles?

David also acts for employers making redundancies and he is therefore perfectly placed to advise you on whether you have ground to challenge your redundancy, if so how and to do so in a way that gives you the best chance of securing an offer of enhanced exit terms (which will usually be under the terms of a settlement agreement).

To discuss your redundancy situation please call David on 0203 603 2177 or Click To Make A Free Online Enquiry.

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