Redundancy Appeals

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Redundancy Appeals

There is no statutory obligation on the employer to offer an employee the right to appeal the decision against redundancy. The employer should ensure that the employee has the opportunity to challenge the decision to select them for redundancy during the individual consultation process.

The ACSA (non-statutory) guidance on ‘redundancies’, advises that employers should consider setting up an appeals procedure to deal with complaints from employees who feel that the selection criteria have been applied unfairly. The guidance states that this could reduce the likelihood of employees bringing tribunal claims.

The two main reasons employees appeal the redundancy tend to be:

  • They have been unfairly selected

  • The employer did not follow a fair redundancy process

Employers should also look at their own policies and procedures, as well as any collective agreements which may have a bearing on redundancy appeals. If your own redundancy policy provides a right of appeal, then you should offer one. If you do not follow your own procedure, that is probably going to make the dismissal unfair.

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