My employer told me I was being let go because of redundancy. Can I still claim for unfair dismissal?
Redundancy is a pretty common occurrence in the modern workplace – many companies face major changes due to technology, or big shifts in the market, and as a result, companies sometimes get rid of specific positions entirely, or make them redundant.
When this is a genuine process, then as a rule, you're not able to claim for unfair dismissal. A genuine redundancy is when your employer no longer requires your job to performed, not only by you, but in fact by anyone – and this is because of real changes in the operational requirements of the company.
But in some cases, redundancies aren't genuine. The most obvious reason why is if it was reasonable for your employer to have redeployed you to another role. So if you've been made redundant, and you aren't convinced it's genuine, the kinds of things you need to look for are:
- Whether there was another position that you could have filled
- Whether this was offered to you
There are also requirements for some kinds of businesses and roles that your employer consults with you before making you redundant. How much consultation depends on the size of the employer, and whether your role was covered by an award. These are the sorts of details you can discuss with a Slater and Gordon legal professional during your telephone consultation as part of the Slater and Gordon Online Unfair Dismissal Lawyer service.
Why does it matter if someone else is doing the job I used to do?
One of the key issues in redundancy is whether the job you used to do is now being performed by someone else. If your role was abolished altogether, and no one is doing the duties you used to perform, then generally that will qualify as a genuine redundancy, and it may be difficult to claim that your dismissal was unfair.
If instead you were replaced in the same role by someone else, then it may be that it wasn't a genuine redundancy, and your dismissal may have been unfair. Understanding exactly what happened to your role is one of the things that a Slater and Gordon legal professional can do during your telephone consultation as part of the Slater and Gordon Online Unfair Dismissal Lawyer service.
Should my former employer have offered me another role?
The general rule is:
- If your employer has another role available; AND
- You have the skills & qualifications to perform that role
then they should offer you that position.
If the answer to both of these questions is yes, then a failure by your former employer to offer you another role could mean that your dismissal was unfair.
Keeping notes of any meeting with your former employer where other roles were discussed is important, and it's one of the things your Slater and Gordon legal professional will ask during your telephone consultation as part of the our Online Unfair Dismissal Lawyer service
I was offered another role, but I didn't want to take it
In general, if you've been offered another comparable role with your employer's company, and you choose not to accept it, then it will be difficult to argue that your dismissal was unfair.