With large numbers of people fearing their role may be made redundant this year, we understand how worrying this can be and ‘Sham redundancies’ are a real concern.

The news can bring a mix of emotions; shock, devastation, anxiety and fear for those committed to a company, where the job suits their life and they love doing it. For others this can be music to their ears because it involves a redundancy pay-out and a much needed excuse to move on, however, with the economy faltering it is not as welcome news as it might have been in normal times.

However, not all redundancies are created equal.

There is such a thing as a ‘sham’ redundancy, hence why employment tribunals exist to review the feasibility of the redundancy rationale. Because employers should not only follow a fair and legal process as outlined by the ACAS code of practice and employment legislation, but they must also justify their reasons for why the redundancy was necessary. Many employers might find relying on the pandemic slowdown as too tempting an opportunity to cut overheads without really having legitimate compelling business cases to justify making redundancies or the level of redundancies they propose.

Here are some points to look out for if you are suspicious of the redundancy situation you find yourself in.

  1. You are the only one being made redundant.
  2. The company isn’t citing financial difficulties as reason for the redundancy.
  3. ‘Woolly’ or ‘vague’ statements about financial loss that they are unwilling provide data or evidence to back-up.
  4. It looks like the new job description for any restructure is just your existing job ‘re-labelled’.
  5. Current vacancies haven’t been circulated and there has been no clear encouragement to apply for other jobs in the company.
  6. You believe the selection process or criteria disadvantages you on purpose
  7. Others have been told ‘confidentially’ that they are safe yet are also supposedly ‘at risk’ of redundancy.
  8. The word ‘proposed’ is not widely used, it feels like a ‘fait accompli’- pre-determined decision.
  9. You have made reasonable valid alternative suggestions which have not been properly explored by management.
  10. There has been a recent change of management or buy-out and new people with your similar skill set have been recruited.
  11. Spending in other areas of the organisation has not been cut.
  12. Managers don’t engage with you and your questions in consultation meetings have been left unanswered.
  13. Job vacancies exist in other areas of the organisation.

Redundancy is stressful, even if a favourable redundancy payment is available to you and you have decided you want to leave anyway. However, if you believe you are being managed out under the guise of redundancy then clearly this is unfair and you will have recourse in an employment tribunal.

So what can you do?

Firstly, you have to challenge your employer in the redundancy process. Check out these resources to support you on how you challenge your redundancy.

Secondly APPEAL! Read here about how and why you should appeal your redundancy and how we can help you with it.

If you have questions on whether you have a potential employment tribunal case for unfair dismissal or constructive dismissal arrange a call with our  resident HR and employment law expert who can help you.

Not sure if you should make a fuss or even talk to our advisors? 

Why don’t you download our FREE guide, ‘9 Questions and Answers to determine if you have a good Employment Tribunal case’?

In less than 5 minutes you’ll KNOW the answers and if you have a claim that might be worth something.

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FREE GUIDE to determine if you have a good Employment tribunal Case

Not sure if you have a strong case or even any case at all for an employment tribunal?

Not sure if you should make a fuss? Feel lost and unsure? Download our free guide and in less than 5 minutes you'll know the answers and if you have a claim that might be worth something.

Learn how to get Compensation without going to Employment Tribunal.

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Learn everything you need to make a case for compensation in less than a week. Without the high cost of a lawyer, endlessly searching online and even going as far as an Employment Tribunal. If you are scared about going legal and having a drawn out process. We understand. If you just want to get some compensation to help rebuild your life, learn our proven tactics to get compensation through optimising the use of the statutory early conciliation process.

 

How to write a powerful appeal letter so your employer takes you seriously.

Learn how to create a powerful appeal letter which makes your employer really consider your case and understand that you are a force to be reckoned with...even if you are no good at letter writing.

If you have been dismissed  unfairly (sacked) or issued with a disciplinary warning with no process this detailed and effective training enables you to write a powerful appeal letter. Includes, templates, timelines and training.

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Online interviews are definitely the future! If you need to reset your confidence levels for an online interview and not sure how to engage this course is for you. We cover the mindset and technology that you need to be successful and of course all the questions and the best responses and how to beat all the other candidates to the job. Plus there is an amazing session by a LinkedIn expert on how to impress and update your LinkedIn profile.

 

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Never been to a disciplinary meeting? You're not alone! It's a scary thought. Worried about it being fair, how to act, what to say, what not to say and how to prepare? Download our free checklist so you go into the meeting feeling prepared, confident and able to challenge effectively. Our checklist will prepare you with everything you NEED to know.

redundancy appeal

redundancy APPEal Letter template

  Need to appeal your redundancy but not sure what to say and how to start? If you feel your redundancy was a sham or that redundancy has been used as an excuse or the company has not followed the lawful redundancy procedure. Download our quick and easy to use letter template an have your appeal letter ready in less than an hour. You'll write a professional, legally correct appeal letter stating your case intelligently. It is so easy to use as we've done all the work for you! Plus you can get support from a redundancy expert!