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How to appeal redundancy

If you have redundancy rights, then as an employee, you can appeal against being made redundant. There are two main reasons for appealing redundancy which are:

  • You have been unfairly selected
  • Your employer did not follow a fair redundancy process

Throughout the redundancy process, our expert redundancy solicitors can help advise you on the best course of action. Contact us today on 0161 696 6170.

 

Speak to your employer and redundancy appeal letter

If you do wish to appeal your redundancy, then your first port of call is to speak to your employer. There is currently no set process to appeal for redundancy; each organisation may have its own appeals process. If your employer does not have one, then you can write a redundancy appeal letter which outlines why you think your redundancy is unfair and asks them to reconsider. If you are not comfortable in speaking to your employer, then you can ask an organisation, such as a trade union of which you are a member or ACAS, for advice and support.

Once you have lodged the appeal with your employer, they may then invite you to a redundancy appeal hearing. They then have the option to accept your appeal or reject it. If your appeal is accepted, then they can offer your job back if you are still under notice; or, if you have completed your notice period, they can put you back on your previous employment contract and this should be seen as continuous employment. This means you will have to be paid for the time you were not at work and you will have to pay back your redundancy pay if you have already received it.

If your employer rejects your appeal, then your redundancy will carry on as planned. If you wish to pursue a claim for unfair dismissal, then you will need to pursue a claim through an employment tribunal.

What to do if your redundancy appeal is rejected?

If you wish to challenge your employer’s decision to make you redundant then you need to do so as quickly as possible. If your employer does have a formal redundancy appeal policy, then ensure you follow this process first. If communicating with your employer doesn’t work and you wish to take matters further, you will have to put in a claim for unfair dismissal within 3 months (less one day) of your contract ending.

Before you launch a tribunal claim, you will need to contact ACAS, who are an independent public body that provide a free, impartial service to both employers and employees. They can help you reach an agreement with your employer before your claim goes to a costly tribunal. Depending on your situation, your employer may offer you a settlement agreement. If this is the case, you will need legal advice before you sign it.

If you wish to take your case to a tribunal then you will have needed to have contacted ACAS and have received an early conciliation certificate from them. To decide whether or not your redundancy was fair, a tribunal will look at the following: 

  • Whether there was a genuine need to make redundancies in your workplace
  • Whether a fair procedure for consulting the workforce and selecting people for redundancy was followed
  • Whether the decision to select you was fair and followed the proper process
  • Whether reasonable efforts were made by your employer to find you alternative employment elsewhere in the company

You or your legal representation will need prove to the tribunal that your redundancy was unfair or wasn’t genuine.

We also recommend that you have legal representation as employment law is complex and your employer is more than likely to have professional legal representation. Contact our redundancy solicitors today on 0161 696 6170.

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