LRD guides and handbook October 2013

Redundancy law - a guide to using the law for union reps

Chapter 8

8. UNFAIR DISMISSAL AND REDUNDANCY

There are various ways in which a dismissal on grounds of redundancy can be unfair, entitling an employee to bring a claim for unfair dismissal. These include:

• if selection was for any of the automatically unfair reasons set out in chapter 3;

• if redundancy was not the real reason for the dismissal but some other reason, such as capability (see Chapter 1);

• if the employer acted unreasonably when choosing selection criteria or selecting a particular employee for redundancy (see Chapters 3 and 5);

• if there is inadequate consultation (see Chapters 2, 3 and 4);

• if there is a failure to offer alternative employment. There are special rules for women made redundant when on maternity leave (see Chapter 6).