Redundancy Remedies - what to claim if redundancy incorrect
An employee can bring the following claims if the redundancy is not carried out properly:
Unfair Dismissal
The employer must have carried out all of the redundancy procedures fairly. Also, redundancy is one of the reasons for dismissal; the employer must have acted reasonably in choosing this as the reason for dismissal.
Remedies for Unfair Dismissal are:
1. Compensation
(The employee cannot get double compensation, so any Redundancy payment received will reduce Unfair Dismissal Compensation by the same amount.)
2. Reinstatement or Re-engagement (they are rarely ordered).
Wrongful Dismissal
For example, where the employee has been given less than the amount of notice stated in their contract.
Redundancy Pay / Contracts
If an employee has not received the correct amount of redundancy pay as stated by law, they can bring a claim in the Employment Tribunal for that amount.
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