I am being made redundant and I don't think it is fair. What can I do?

What to do if you think you are being dismissed unfairly.

If you have been in the job for more than two years you are likely to be entitled to a redundancy payment. There is more information about this in the message entitled ‘What should I get as a redundancy payment?’ If you have been in a job for at least a year and are being made redundant, you should make sure that your employer has done the following:

• Your employer should demonstrate that your post will no longer exist after you are made redundant.
• Your employer should talk to you about alternatives to redundancy, before you are made redundant, and should try to find you another job. This job doesn’t have to be in any way similar to your previous job or based at the same location, but has to be one you can do.
• Your employer should show that the reasons for selecting you for redundancy are fair and objective.

If you have the necessary qualifying period of employment and you think your employer has failed to do any of these things, you may be able to make a claim for unfair dismissal at an Employment Tribunal. If you can show that you were made redundant unfairly you may get a bigger payment than you would otherwise.

To do this you should contact the nearest Employment Tribunal Office who will send you a claim form. You must make your claim within the three months beginning with the date on which you were made redundant.

If you need help dealing with unfair redundancy or any other aspect of employment, we recommend that you speak to an employment adviser at Community Legal Advice on 0845 345 4345 for specialist advice. Telephone specialist advice is only available if you qualify for legal aid.

Alternatively, you can be matched to a specialist employment solicitor by Contact Law.

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Community Legal Advice

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