XpertHR provides summaries of five employment tribunal decisions [subscription required] where individuals brought unfair dismissal claims in relation to a decision by their employer to make them redundant. They provide a useful summation of the mistakes that employers commonly make in a redundancy situation.
While it's redundancy claims for discrimination that tend to make the headlines because of the unlimited amount of compensation that can be awarded, employers shouldn't forget that unfair dismissal claims are also a possibility. We look at five cases: in three, the employee was found to have been unfairly dismissed and compensation was awarded (£10,268, £20,454 and £31,358 respectively). In the other two, the redundancy dismissals were found to have been fair.
In the cases, the same issues arose, including whether or not:
- there was a genuine redundancy situation at all;
- the employer chose the correct employees to place in the redundancy selection pool;
- the redundancy selection criteria were objective and fairly applied;
- the employee was adequately consulted on the redundancy; and
- alternatives to compulsory redundancy were considered (including suitable alternative employment, seeking volunteers for redundancy or reducing everyone's working hours to avoid redundancies in the first place).
Recent employment tribunal decisions reported on XpertHR [subscription required]
Age discrimination in redundancy
Disability discrimination in the police
Coming soon
Pregnancy discrimination
Failure to inform and consult on redundancies
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Comments (1)
Sometimes it's sad to think of this redundancy situations. But me personally, it's really hard to decide on what to do with the company for better results from employees.
Jenny@Job Descriptions
Posted by Jenny | November 25, 2009 4:26 AM
Posted on November 25, 2009 04:26