Is it Redundancy or can she take an unfair dismissal case

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Eng Car 1

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Other half told she was being made redundant about 2 months ago. Company said they were cutting back across the board and that others would follow shortly. They said they would pay her statutory redundancy and allow her to get out early to try and secure another job. This has proved unsuccessful given economy. In other works no need to work notice. Now she hears that all the rest are still there even people with less time served within company, and if anything staff are being transferred from other locations to same workplace.
When she gets termination papers off employer, can she them persue a case for unfair dismissal? She has over 3 years service
 
I doubt redundancy is unfair dismissal in any case. Could staff being transferred due to merging offices to save costs?
 
Eng Car 1 said:
Now she hears that all the rest are still there even people with less time served within company
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Time served is not a reason to keep your job and get the new person out first (thankfully).
The best people should be kept and the people whose absence will have least impact on the organisation should go first. In other words people should be judged on what they do, not on how long they have been doing it for.
 
They will not have followed the proceedures and will have made errors in grading and in points scoring you with others. Put a claim in as they will almost certainly settle.

Good luck


Charlie
 
Eng Car 1 said:
Other half told she was being made redundant about 2 months ago. Company said they were cutting back across the board and that others would follow shortly. They said they would pay her statutory redundancy and allow her to get out early to try and secure another job. This has proved unsuccessful given economy. In other works no need to work notice. Now she hears that all the rest are still there even people with less time served within company, and if anything staff are being transferred from other locations to same workplace.
When she gets termination papers off employer, can she them persue a case for unfair dismissal? She has over 3 years service
Click to expand...

OP, unfair dismissal refers to incorrect or "unfair" procedures being followed in order to terminate employment. It does not refer to the reasons for employment being terminated if you know what I mean. So do not focus on whether other people have come or gone since your partner was made redundant, rather focus on the procedures that were followed in order to make her redundant, if she wishes to pursue an unfair dismissal case.

If all procedures were followed correctly by her employer in order to make her redundant then there should be no case to answer with regards to unfair dismissal. If your partner still feels that her former employer has a case to answer then she needs to pursue a wrongful dismissal case.
 
Unfair selection for redundancy is one of the grounds for unfair dismissal.

They must have objective grounds for selecting your OH for selection. It is usually jobs which are made redundant rather than people. If she was made redundant and a new person appointed to her job, I would say she would have a good case.

Is she in a Trade Union? She should ask what the grounds for selection were. If they are fair, then she has no case.

If they are unfair she should claim unfair dismissal.

Brendan
 
For any employer to make an employee redundant 3 basic criteria must be met;
  • FAIR SELECTION
  • Necessary notice period - ref; Minimun Notice of Terms of Employment ACT 1973 Article 4
  • To correctly complete RP50.
I would suggest that from what you have said that your partner may have grounds for 'unfair selection' if he/she feels they can substantiate it. Most definitely length of service is pretty much irrelevant!! 'best person 4 the best job'.
 
All Redundancy dismissals are deemed unfair unless the employer can prove that they have acted in a fair and reasonable manner.
 
Is your partner a member of a Trade Union who can offer advise ?
If not perhaps she would contemplate taking advise from a Solicitor specialising in employment legislation ?
 
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