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Compulsory Redundancy

This is a situation whereby a set of criteria is used to select a group of people fairly for redundancy.

If a particular area of your business has ceased to operate, or gain business contracts the pool of people could include all those in that specialist area.

  • Skills, ability, experience and qualifications are all relevant
  • If you have disciplinary procedures in place which are well documented these can be pertinent.
  • Assessments of people’s personal achievements, through the appraisal system if well documented and accurate can be a contributing factor
  • Discrimination is not permitted therefore when assessments of attendance are considered maternity/paternity leave should not be considered.

If you believe that you have been unfairly selected because you have either been:-

  • On maternity/ paternity/ adoption leave
  • Because you work part time
  • Because you are a member of a trade union
  • Because you in the past have taken strike action
  • Because you have been a whistle blower i.e. health and safety

You will have grounds for complaint as the selection is based on discrimination; therefore your selection will be unjust. You can discuss this with your union, an employment law specialist or go take the company to an industrial tribunal.

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