Struggling with the impact of the pandemic, Wigan based holiday company Shearings went in to administration as their parent company declared themselves insolvent in May 2020, leaving over 2000 employees redundant. Over 900 employees brought claims...
Under UK law, redundancy is considered one of the fair reasons for dismissal. However, for the redundancy to be fair, an employer must follow the redundancy rules and ensure it is a fair and reasonable procedure, otherwise the redundancy may be seen as unfair, which means you can potentially take your employer to a tribunal for unfair dismissal.
If you are facing redundancy at work, you will only have redundancy rights if you have worked for your employer for two years or more. You can only be made redundant if:
- The company you work for is closing
- The location you work in for your company is closing
- The organisation you work for no longer requires the work you do
Any other reason is not a fair reason for redundancy. The typical scenarios which result in genuine redundancies include:
- The organisation has reorganised, and your work is being done by others
- Your skills are no longer needed
- The organisation you work for is failing or a part of it has stopped trading
- If your company has merged or been taken over by another company
- The work you are doing, or the company themselves, are relocating
- Your employer was the only owner of the business and they die, meaning that operations cease
- If technology means the organisation needs fewer people to do your job
If you don’t think your redundancy is genuine then you may want to challenge your redundancy. Many organisations have a formal redundancy appeals process, which should always be your first port of call. If your employer does not have a set redundancy appeals process, then you can write your employer a redundancy appeal letter, outlining why you think your redundancy is unfair and asking them to reconsider.