Challenging Redundancy

As the Covid-19 lockdown starts to ease there will inevitably be many redundancies.  Some employers will inevitably use the virus 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.  If the business of your employer has not been damaged significantly by the lockdown you may be able to challenge the fairness of a redundancy dismissal whilst you are furloughed/whilst the furlough scheme remains available to your employer.

Employers frequently get redundancy wrong.  This can be useful for senior executives who are put at risk of/dismissed for redundancy and wish to try and challenge their redundancy or try to negotiate settlement terms.

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

  1. whether the role is legally redundant
  2. unfair selection
  3. failure to choose the proper selection pool
  4. failure to consider bumping or pooling
  5. selection for discriminatory reasons
  6. failure to consult/pre-determined outcome
  7. unfair scoring where several employees in pool i.e. has employer used maternity/furlough/absence due to disability as part of scoring
  8. COVID-19/furlough – to what extent was your employer’s business actually impacted?

David is highly experienced at seeking and achieving enhanced redundancy exit packages for senior executives.  If you would like to calculate your statutory redundancy entitlement use the calculator here.

If you have been threatened or dismissed due to redundancy or if you have been offered a settlement agreement as part of a redundancy process David can advise you on the best approach to achieve your ideal exit package.

Sometimes senior executives get a,  ‘heads up’/paper left on a photocopier, indication that they are about to be placed at risk of redundancy.  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. Such action may include you lodging a grievance, becoming a whistleblower or making it more difficult for your employer to include you in any redundancy process by ensuring you are absent for a period.

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 sometimes 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 consultancy 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?

Reorganisations & Restructures

Roles can become redundant as a result of there being a reduced requirement for them 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 (and different content) 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 020 3603 2177.