Redundancy is a potentially fair reason for dismissal, but the way in which employees are selected for redundancy must itself be fair. If you believe you were unfairly selected, you may have grounds for an unfair dismissal claim.
For a redundancy dismissal to be fair, the employer must apply fair and objective selection criteria, apply those criteria consistently, consult with affected employees before making the final decision, and consider whether any suitable alternative employment is available.
Selection criteria that are tainted by discrimination. For example,, criteria that disproportionately affect employees who are pregnant, on maternity leave, or have a disability, which are automatically unfair. Criteria based on last in first out can also be problematic as they may disproportionately affect younger workers.
Common indicators of unfair selection include criteria that were never applied objectively, scoring that appears arbitrary or unexplained, selection from a pool that was defined too narrowly to exclude certain people, a failure to consult with you individually before the decision was made, and a refusal to provide your scores or explain how the criteria were applied.
You are entitled to ask your employer to provide your scores against the selection criteria and to explain the methodology. If your employer refuses or provides an unsatisfactory explanation, this is significant evidence of an unfair process. You can also make a subject access request for any documents relating to the selection exercise.
Before bringing a tribunal claim, you should appeal the redundancy decision internally if given the opportunity to do so. Failure to appeal when a reasonable appeal process is available can result in a reduction in any tribunal compensation, even if your claim ultimately succeeds.
A successful unfair dismissal claim arising from unfair redundancy selection carries the same compensation as any other unfair dismissal claim: a basic award and a compensatory award for actual financial loss. Where the selection was tainted by discrimination, additional compensation for injury to feelings may also be available.
Redundancy selection must be based on fair and objective criteria applied consistently. If you suspect unfair selection, request your scores and the methodology. Appeal the decision before bringing a tribunal claim. A specialist employment law barrister can assess the strength of your case and advise on the best course of action.
If you need specialist help with your case, speak to the Barrister Connect team for a no-obligation conversation. Get in touch here.