How to Appeal Against being Made Redundant: What to Do if Employees Feel They are Wrongly Laid Off
Members of staff who feel they have contributed significantly to the company, who have shown express passion for their role and those who feel they have been moved out of the way for the employer’s favourite staff member should definitely appeal against redundancy.
To begin the appeal procedure in the UK, an employee should compile a letter stating the positive progress he has made, the way he has contributed towards the business and the ways in which the business could suffer if he was to be made redundant.
The letter should be sent to the employer with a request for an appointment to discuss the issues raised within it. If this is not successful in changing the employer’s mind about making an individual redundant then further action needs to be taken.
Taking Action Against Company
If an employee still believes it is an unjust decision he could start a claim for unfair dismissal under the Employment Rights Act 1996.
This UK act protects those who have been employed by a company for more than one year from being unfairly dismissed or made redundant. There are a wide number of reasons as to why a person’s sacking can be considered to be unfair. Contacting an employment tribunal is the best way to proceed to take action against a company.
There are strict time limits as to when a claim must be received by the employment tribunal. The law states it must be submitted within three months less one day of the dismissal.
If a tribunal finds in favour of an employee then it will seek to get their client’s position re-instated at work. Alternatively the tribunal will claim compensation, or find another position within the same company without loss of money or conditions.
Maternity Leave and Redundancy
When a woman is on maternity leave she should be notified in writing that redundancies are planned in their place of employment.
If she is made a candidate for redundancy and believes she was selected because she’s on maternity leave then the employee should consider submitting a claim for unfair dismissal on grounds of unlawful sexual discrimination.
Workers who also feel they have been chosen for redundancy due to reducing hours to allow for family commitments or having recently announced they have become pregnant also have grounds for a claim.
This stands even if an employee has not been employed at the company for a year or more.
In essence it is vital employees receives professional advice from a tribunal if there any doubts about appealing against redundancy and it is also vital that claims are made quickly and efficiently.