LRD guides and handbook May 2015

Law at Work 2015

Chapter 11

Checklist — Claiming unfair redundancy dismissal

[ch 11: page 362]

• Is the member eligible to claim unfair dismissal? (see page 271);

• Has the member claimed voluntary redundancy? If so, is there a dismissal at all? (see page 328);

• Was the selection pool clearly and obviously unfair? (see page 344);

• Were obviously unfair selection criteria used? (see page 344);

• Was there something obviously wrong, for example, a numerical or factual error, with the way the criteria were applied to the member? (see page 344)

• If the criteria had been fairly applied correctly, would the member still have been selected for redundancy?

• Does the member have significantly more service than those who were not selected?

• Did the employer look for alternative employment, including in subsidiaries, right up to dismissal? (see page 353);

• Was the member consulted on the scores achieved or on any suitable available employment?

• Was the member the only person targeted for redundancy?

• Does the member belong to a protected group, for example, older workers?

• Did the employer advertise to fill the member’s job — or something very similar — after dismissal?

• Is there any evidence of an automatically unfair reason for dismissal — such as trade union membership or pregnancy.