An employee can bring the following claims if the redundancy is not carried out properly:
Unfair Dismissal
The employer must have carried out all of the redundancy procedures fairly.
Also redundancy is one of the reasons for dismissal, the employer must have acted reasonably in choosing this as the reason for dismissal.
The remedies for Unfair Dismissal are:
1. Compensation
(The employee cannot get double compensation, so any Redundancy payment received will reduce Unfair Dismissal Compensation by the same amount.)
2. Reinstatement or Re-engagement (They are rarely ordered).
Wrongful Dismissal
For example, where the employee has be given less than the amount of notice stated in their contract.
Redundancy Pay / Contracts
If an employee has not received the correct amount of redundancy pay as stated by law, they can bring a claim in the Employment Tribunal for that amount.
The same applies if an employee has not received what they were entitled to under their contract, if their contract states a redundancy payment figure.
