Employment Advice to Help Combat Increasing Redundancies in 2009.

In these times of economic recession it may appear to be an obvious point to make; get employment advice, particularly regarding redundancy and unfair dismissal. Commentators have indicated that it would be little surprise if the amount of claims in this area were to rise sharply in the coming months, if the economic downturn continues.

Redundancy is a form of dismissal so to claim redundancy you must have been dismissed. You must have been dismissed because you are genuinely redundant otherwise you may well have a claim for unfair dismissal. Employers often claim that people have been made redundant when it is in fact unfair dismissal to avoid making a redundancy payment.

There are three main reasons for which unfair dismissal may be claimed:

1. When it is not a real redundancy (such as when the employers business or part of business has ceased to operate, it has relocated or the need for a particular type of work has diminished)

2. When you have been unfairly selected for redundancy. You should have been selected for redundancy fairly, been fully consulted, given the correct notice period, discussed alternatives and received the correct amount of redundancy pay.

3. When you are being dismissed for a discriminatory reason. Common reasons include those such as race, or because you are pregnant. The 1976 Race Relations Act, for example, makes it unlawful for your employer to discriminate against you on the grounds of your colour, nationality, ethnic or national origins. It is unlawful for an employer to discriminate against you on the grounds of race in the following ways: refusing to employ you or consider you for a job; offering you a job on less favourable terms than others; refusing to promote or transfer you to another job; giving you less favourable benefits than a colleague; shorten your working hours, dismissing you or making you redundant.

The 2005 Disability Discrimination Act is enacted to end all discrimination against disabled people. It is unlawful for an employer to discriminate against disabled people in recruitment and their everyday employment. All businesses, whatever their size, are covered by the Act. If you feel you have been treated less favourably for a reason related to your disability without justification, then you may have a claim.

Employers are under an obligation to make 'reasonable adjustments' to work arrangements, the working environment and recruitment procedures to accommodate disabled people. Recommended 'adjustments' are numerous and include acquiring or modifying equipment, offering flexible working hours, time for rehabilitation or counselling, providing supervision and more.

It is also no longer lawful to discriminate on grounds of age. The new age discrimination laws apply to all types of employer and all employees whatever their age or status.

It is unlawful for your employer to treat you differently from others because of your sex, because you are married or because you are having or have had a gender reassignment. Direct discrimination, such as sacking a woman because she is pregnant, or promoting someone because they are single is also illegal.

There are three categories into which a number of claims fit. They are indirect discrimination, harassment, and victimisation. Indirect discrimination is where you are put at a disadvantage due to certain working practices or rules, such as refusal to appoint part time workers without a good reason. Harassment can be when other employees are behaving in an offensive manner. An example of this is sexual remarks or gestures, or a display of material of a sexual nature. Victimisation is where you are being treated unfairly for making a complaint about discrimination on the grounds of exclusion, or unfair disciplinary procedures.

Of course, these are simply brief descriptions of the reasons for which you may claim unfair dismissal. If you think you may be eligible to claim on the grounds of unfair dismissal, then it would be a wise move to seek good legal advice first.
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John Mehtam is an experienced UK Employment Law Solicitor and specialises in UK Employment Law Advice from Shropshire based Employee SOS. The Employment SOS help line is 0845 293 2729.