How to Appeal Redundancy

Redundancy is often an upsetting and worrying time for the employees. Considering the toll redundancy can have on the families and lives of those involved, it is important they are carried out fairly and appropriately. If you feel you were selected for redundancy unfairly, or if you believe the redundancy process was handled poorly by your employer, you should have the chance to appeal your redundancy to your employer.

How to appeal your redundancy

If you decide you would like to appeal your redundancy, you should write a letter detailing the reasons you feel your redundancy is unfair and deliver this to your employer within a reasonable timescale. In the event your employer has a specific redundancy appeal process, you should follow their specific process. In either event, you are entitled to request that a separate senior member of staff, one who was not involved in the redundancy selection process, handle the appeal.

For the duration of your appeal, you are entitled to receive support from an employee representative, such as a trade union. The person you select will be able to offer you support, accompany you to any redundancy-related meetings, and take notes.

Your redundancy appeal meeting

Your appeal should be discussed in a formal meeting, arranged by your employer, as soon as possible. This will give you the opportunity to explain your side and give your reasoning for appealing the redundancy and why you believe you were selected for redundancy unfairly. You are entitled to bring your employee representative to this meeting to offer you support and take notes for you.

What happens after your appeal?

Following your redundancy appeal meeting, your employer should carefully consider your appeal and subsequently write to you to inform you whether your appeal has been accepted or rejected.

Your appeal is accepted

In the event your appeal is accepted, your employer is able to offer you your position back. This would involve your previous employment contract being reinstated; you will be treated as having worked continuously from the date you started your job, and you will receive pay to reflect this. You will be obliged to pay back any redundancy pay you have received.

Your appeal is rejected

In the event your appeal is rejected, your redundancy will continue as originally proposed, including any redundancy notice and redundancy pay you were initially due.

Making an employment tribunal claim

You may be able to submit an unfair dismissal claim to an employment tribunal if you feel any of the following apply to your redundancy:

• You have been unfairly selected for redundancy;
• A fair redundancy process has not been followed;
• Your employer failed to hold an authentic consultation prior to your redundancy;
• Alternatives to redundancy were not considered by your employer;
• You were not offered a suitable alternative role that was available at the company.

365 Employment Law advises employers and employees across Sussex in all aspects of employment law. Based out of our office in Worthing, West Sussex, we support employers in a range of contentious and non-contentious employment law matters and provide expert advice to employees at all stages of the employment relationship. If you’re looking for employment law advice and support, get in touch with our friendly team today for an informal conversation about your needs.

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