Challenge your redundancy
You can challenge your redundancy if you:
- think there was an 'automatically unfair' reason for your redundancy
- think there was discrimination
If you have a genuine reason for challenging your redundancy, you may be able to make a claim to an employment tribunal for unfair dismissal or discrimination.
Contact your nearest Citizens Advice straight away if you’re considering challenging the fairness of your redundancy - an adviser can help you work out if you have a genuine claim.
Depending on why you've been dismissed, you might also be able to make a discrimination claim.
Speak to your employer
You should speak to your employer if you don’t think they’re following a fair redundancy process or you think you’ve been unfairly selected.
You could write a letter, explaining why you think your redundancy is unfair and asking them to reconsider their decision.If you’re not comfortable speaking to your employer yourself, you can get help from organisations like the Labour Relations Agency or a trade union.
Get help from The Labour Relations Agency’s ‘conciliation service’
The Labour Relations Agency (LRA) offer a free confidential conciliation service to help sort out employment disputes.
They'll see if your employer will agree to a process called ‘pre-claim conciliation’ - a way to resolve disputes without going to a tribunal.
You can call the LRA Conciliation and Arbitration Department on 028 9032 1442.
Making a claim to an employment tribunal
Taking your employer to a tribunal is the final and most serious way you can challenge your redundancy.
Tribunals can be expensive and stressful. You might also not win your case.
Contact your nearest Citizens Advice for help deciding whether to take your employer to tribunal.
How the tribunal assesses if your redundancy is fair
The tribunal will look at whether:
there was a genuine need to make redundancies in your workplace
your employer followed a fair procedure for consulting the workforce and selecting people for redundancy
the decision to select you was fair
your employer made reasonable efforts to find you alternative employment elsewhere in the company
You’ll need to show the tribunal evidence that your employer didn’t follow the correct process or that it wasn’t a genuine redundancy.
Read more about employment tribunals.