Thank you. In a redundancy situation the employer should not only be able to justify that there was a genuine redundancy to start with, but also that there was a fair selection of those to be made redundant and that the rest of the process was fair (consulting with affected employees, offering suitable alternative employment, etc).
If the redundancy process was unfair that could make it an unfair dismissal and you have the option of challenging the employer over it. Initially you would be expected to appeal any formal redundancy decision directly with the employer. If the appeal is unsuccessful then it is a case of consider challenging the in the Employment Tribunal for unfair dismissal.
Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).
The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.
However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.
To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####
If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:
Does this answer your query?