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Sham Redundancy Solicitors - Unfair Dismissal Claims
A redundancy occurs when a worker is surplus to requirements either due to contraction of business or a company ceasing to require workers of that particulate status or type or a move to another distant location. When a genuine redundancy situation arises the employer must pay the employee a financial sum in compensation for loss of the job which is dependent on time served, the basic salary rate and age of the worker at the time of the termination of employment. This can be a substantial sum or it can be nothing. A sham redundancy solicitor acts when the situation is such that an unfair dismissal is dressed up to look like a genuine redundancy because its cheaper for the employer to do so.
Redundancy is potentially a fair dismissal, however, when an employee is dismissed for this reason, there are cases where the employee may still have a case for unfair dismissal otherwise known as a sham redundancy. Whether or not the employee has been unfairly dismissed will be dependent on the facts of each individuals case.
In accordance with the Employment Rights Act 1996 .....an employee shall be taken to have dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to;-
the fact that his employer has ceased, or intends to cease:-
- to carry on the business for the purposes of which the employee was employed by him
- to carry on that business in the place where the employee was so employed
the fact that the requirements of that business:-
- for employees to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish
- for employers to carry out work of a particular kind in the place where the employee was employed by the employer have ceased or diminished or are expected to cease or diminish.
There are times when an employer might want to terminate employment for reasons that are unlawful. The employer may decide that only one sex is to be employed in future or that no foreign or non-white workers or non-Asian nationals are acceptable and in those cases and a whole host of other potential scenarios, the employer may attempt to manipulate the situation by claiming that redundancies are necessary when they are not, in order to initially reduce the workforce before replacing the dismissed employee with one more to the employers liking. This tactic is often employed on the basis of cost because it may well be cheaper for an employer to dismiss on the grounds of redundancy and make a redundancy payment rather than dismiss the unwanted employee and thereafter face a claim for compensation particularly for discrimination where financial awards in the Employment Tribunal are unlimited and the initial time limits for period of employment do not apply in cases of sex, race, age, disability, religious belief, pregnancy, marital status or sexual orientation discrimination, harassment or victimisation.
Employment Law Solicitors
If you believe that you may have been the victim of a sham redundancy, a specialist employment law solicitor will be able to assist you to make a claim to an Employment Tribunal for compensation for unfair dismissal based on sex, race, age, disability, religious belief, pregnancy, marital status or sexual orientation discrimination, harassment or victimisation all of which have unlimited financial penalties with no time restrictions since the start of the employment. Specialist employment lawyers offer free advice on Employment Tribunal compensation claims without further obligation. If you would like to speak to a qualified solicitor just call the helpline or complete the contact form or email our offices.