24. I am being made redundant and I don't think it is fair. What can I do?

What to do if you think you are being dismissed unfairly.

If you have been in a job for at least a year and are being made redundant, you should make sure that your employer has done the following:

They must demonstrate that your post will no longer exist after you are made redundant.
They must talk to you about alternatives to redundancy, before you are made redundant, and should try to find you another job within the organisation. This job doesn’t have to be similar to your previous job or based at the same location, but it must be one you can do.
They must show that the reasons for selecting you for redundancy are fair and objective.

If you think your employer has not done any one of these things, you may be able to make a claim for unfair dismissal at an Employment Tribunal. If you can show that you were made redundant unfairly you may get a redundancy payment and compensation for loss of earnings as well.

To claim, contact your nearest Employment Tribunal office and ask for a claim form. You can find out where the nearest office is by calling the Employment Tribunal Enquiry line on 0845 795 9775. You must make your claim within three months less one day from the date on which you were made redundant. So if that was 1 August 2009, you would have to apply to a tribunal by 31 October.

If you have been in the job for more than two years you are likely to be entitled to a redundancy payment. There is more information about this in the answer to Question 25, ‘What should I get as a redundancy payment?’

If you need help dealing with unfair redundancy or any other aspect of employment, we recommend that you speak to one of our employment advisers on 0845 345 4345 for specialist advice. Telephone specialist advice is only available if you qualify for legal aid.