Why it might not ALWAYS be a redundancy situation

You have just had the shock news that you are likely to be made redundant.

Whilst for some people this can be music to their ears because it involves a redundancy payout and a much needed excuse to move on, for others this can be devastating, particularly if they are committed to a company, the job suits their life and they love doing their job..

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.

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. It looks like the new job description for any restructure is just your existing job ‘re-labelled’.
  4. Current vacancies haven’t been circulated and there has been no clear encouragement to apply for other jobs in the company.
  5. You believe the selection process or criteria disadvantages you on purpose. (If you have a disciplinary warning or poor lateness/absence record which is not easily defendable then there is possibly little you can do.)
  6. Others have been told ‘confidentially’ that they are safe yet are also supposedly ‘at risk’ of redundancy.
  7. The word ‘proposed’ is not widely used, it feels like a ‘fait accompli’- pre-determined decision.
  8. You have made reasonable valid alternative suggestions which have not been properly explored by management.
  9. There has been a recent change of management or buy-out and new people with your similar skill set have been recruited.
  10. Spending in other areas of the organisation has not been cut.
  11. Managers don’t engage with you and your questions in consultation meetings have been left unanswered.

At any time redundancy is stressful. Even if a favourable redundancy payment is available to you and you have decided irrespective you want to leave. 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. Firstly, however, you have to challenge your employer in the redundancy process. HR Solver’s HR Gurus can help support with this. Suggesting questions to ask and processes to follow. This helps you prepare a strong case in the event you do believe your employer has been unfair and you wish to challenge them in an employment tribunal. Download the HR Solver app today to talk with an HR expert.