Unfairly selected for redundancy
Questions to ask
Do you believe you were unfairly selected for redundancy? How can you tell if you were unfairly made redundant? Did your employer get it wrong when they chose you for redundancy?
While redundancy can be a sad fact of life for many workers, they can accept it and move on where the employer has dealt with it in a proper manner and followed the correct procedures.
The impact on the redundant employee can be severe where the employer has failed to follow the correct procedures for selecting a worker for redundancy.
This article looks at how to tell if you have been unfairly selected for redundancy and what to do about it.
Questions to ask
How was I selected for redundancy?
Your employer is obliged to follow a fair selection procedure. Sometimes the choice can be straightforward, for example the demand for green widgets has fallen dramatically and shows no sign of recovery. You are the only one making green widgets. In that scenario it is the position that has been made redundant. It must always be the position and not the person, that is made redundant.
The question becomes trickier when you have been selected from a group of co-workers all of whom perform similar roles. What system did your employer use to select you for redundancy?
When faced with the task of choosing one person from a group, an employee will often use what is referred to as a skills matrix. This involves listing the essential skills for the position and rating each worker in the group regarding the required skills. The person with the lowest combined rating is then chosen. If your employer has used the skills matrix or another similar impartial method for selecting you, then it would be difficult to claim that you were unfairly chosen for redundancy. If on the other hand they have not used such a method, then you should consider a claim for unfair dismissal, based on unfair selection for redundancy.
Did my employer make me redundant based on automatically unfair grounds ?
Unfair dismissal legislation in Ireland lists the following grounds as being automatically unfair:
Membership of a trade union or related activity
Religious or political opinions
Legal proceedings against an employer, either as a party or witness.
Race, colour, sexual orientation, age or membership of the traveller community
Pregnancy,giving birth, breastfeeding or any connected matters
Availing of your rights to take leave under the various employment law provisions.
Unfair selection for redundancy
Your actions under the protected disclosures Act 2014
If you can prove that your employer selected you based on any of the above grounds then you should consider taking a claim for unfair dismissal.
Was I selected on the Last in first out principle ?
This is often referred to as the LILO rule. It is based purely on your commencement date. It is considered to be objective. If that was your employer’s method of selection, then it would be difficult to sustain a claim for unfair dismissal.
Did my employer fail to use agreed procedures for redundancy selection?
In many companies there are agreed procedures for selecting an employee for redundancy. You should carefully examine those procedures to ensure that your employer followed them precisely. Any departure by the employer from the procedures may render the process unfair. This would strengthen your case. If in doubt, please contact us with the details and we will examine it for you.
See related article, Losing your job here
See related article, Redundancy here
What should I do if I am still not sure if I was unfairly selected for redundancy?
If, having read the above information and carried out the suggested actions, you are still unsure, then please contact us for a free initial consultation. Use the contact us button and give us as much information as possible. We will examine what you have sent to us and then contact you to discuss your options. This initial consultation is free. We will tell you if we believe you have a case and will outline the costs involved in pursuing your claim.
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