Redundancy can be a devastating blow, but it's crucial to remember that you have rights. If you believe your redundancy is unfair, you can and should challenge it. In my role as a settlement agreement solicitor I advise and represent employees in the resolution of claims and disputes with their employer, here is my step-by-step guide to navigating the redundancy process, and challenging an unfair redundancy.

Understand Your Employer’s Redundancy Policy

Your employer's redundancy policy is your first point of reference. It should outline the procedures, selection criteria, and your rights. Scrutinise it for any deviations from statutory requirements or internal inconsistencies. Familiarise yourself with the consultation process, notice periods, and redundancy pay entitlements.

Scrutinise the Selection Criteria

A fair redundancy process relies on objective and non-discriminatory selection criteria. Challenge the criteria if they are vague, subjective, or appear biased. For example, if "flexibility" is used, ask for specific examples and how it was measured. If you suspect discrimination based on age, gender, disability, or other protected characteristics, gather evidence to support your claim.

The Fairness of the Selection Process

Even with fair criteria, the application must be fair. Did your employer follow their own procedures? Were you given adequate notice of the selection process? Were you given a fair opportunity to provide input or challenge the scoring? Were the scores accurately recorded? Any procedural flaws can weaken your employer's case.

Suitable Alternative Employment

Employers have a legal obligation to consider you for suitable alternative employment within the organisation. This is a critical point to challenge. Ask for a list of all vacancies and demonstrate why you are qualified for them. If your employer claims there are no suitable roles, request evidence to support this. If they offer a role at a significantly lower grade or salary, you can argue that it's not "suitable."

Accepting a Pay Cut to Avoid Redundancy

While not always ideal, consider if you would be willing to accept a pay cut or a role at a lower grade to avoid redundancy. If you are, clearly communicate this to your employer. This demonstrates your commitment and willingness to compromise. If they refuse, you can argue that they did not explore all reasonable alternatives.

Building Your Evidence

Strong evidence is crucial to challenge a redundancy. Gather the following:

Your employment contract: This outlines your job role and responsibilities.
Performance reviews: Positive reviews can contradict claims of poor performance.
Emails and written communications: These can provide evidence of unfair treatment or biased selection.
Witness statements: If colleagues witnessed unfair practices, ask them to provide statements.
Job descriptions: Compare your job description with the selection criteria and any alternative roles.
Records of meetings: Document all meetings and consultations, including dates, times, and attendees.
Records of any internal complaints: If you have previously raised concerns, these can be relevant.
Comparative data: if you have information that shows other people in similar roles weren't selected, this can be used as evidence.

Challenging the Redundancy

Formal Grievance: Start by raising a formal grievance with your employer, outlining your concerns and providing your evidence.
Consultation: Insist on a meaningful consultation process.
Appeal: If your grievance is unsuccessful, appeal the decision.
Legal Advice: Contact a qualified solicitor for qualified legal advice.
Employment Tribunal: As a last resort, you can take your case to an employment tribunal. However, this should only be considered after exhausting all internal options.

Challenging redundancy requires determination and meticulous preparation. By understanding your rights, gathering solid evidence, and following the correct procedures, you can increase your chances of a fair outcome.

Clive Mackintosh, Solicitor

I founded Settlement Agreement Expert with the purpose and objective of providing employees faced with signing a settlement agreement with a quick, simple and no-cost independent legal review and advisory service. For advice on your settlement agreement get in touch today, call 0330 043 8845, email clive@solicitor.help, or request a call back.