Redundancy Remedies - what to claim if redundancy incorrect

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.

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 been 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.
 

Discrimination Law | Introduction to discrimination laws

Employment Law

 

advertisement