Can I take redundancy and claim unfair dismissal?

Can I take redundancy and claim unfair dismissal?

Your employer might have made you redundant when actually you’ve been unfairly dismissed. If you think you shouldn’t have been made redundant or you think that your employer didn’t follow the process correctly, you might be able to make a claim to an employment tribunal for unfair dismissal.

What to say to someone who you are firing?

If the employee wants to vent or express unhappiness, you can simply say, “I understand you feel that way, but the decision is final.” And, particularly if you didn’t make the termination decision, resist any temptation to distance yourself from the situation.

What is the Unfair Dismissals Act?

Introduction. Under the Unfair Dismissals Acts 1977-2015, unfair dismissal can occur where: Your employer terminates your contract of employment, with or without notice. You terminate your contract of employment, with or without notice, due to the conduct of your employer. This is known as constructive dismissal.

How long do unfair dismissal claims take?

How long does the Unfair Dismissal process take? Usually the Fair Work Commission conducts Conciliations by phone. These typically take place within 2 to 3 months of the application being lodged. Conciliation is an informal and confidential process.

What is unfair redundancy?

What is unfair dismissal? Unfair dismissal occurs when your employer has not followed a fair redundancy process. Employers should always speak to you directly about why you have been selected and look at any alternatives to redundancy. If this hasn’t happened, you might have been unfairly dismissed.

Can I be made redundant if my role still exists?

Normally your job must have disappeared for your employer to make you redundant. However, it can still be a genuine redundancy if someone moves into your job after their job disappears, making you redundant (called bumping).

Can a company lay you off without redundancy?

If you are laid-off you should get your full pay unless it is part of your contract that your employer can lay you off without pay or on reduced pay. If it is not part of your employment contract, you may agree to change your contract. For example, a lay-off might be better than being made redundant.

How do you professionally say you were fired?

How to explain being fired to potential employers

  1. Honesty is the best policy. Review the incident or issue that caused you to lose your job with an unbiased eye.
  2. Don’t bash your old boss.
  3. Don’t pass the blame.
  4. Stick to the point.
  5. Don’t sound bitter.
  6. Explain what you’ve learned.
  7. Promote your positives.
  8. Practice makes perfect.

What is bumping in redundancy?

‘Bumping’ relates to the process whereby an employee whose role within an organisation is at risk of redundancy is redeployed into an alternative role, and the individual who previously undertook that role is dismissed as redundant instead.

How do you say you are fired?

Phrases to use when you need a better way of saying fired

  1. We are letting you go.
  2. We think you would be better off working for another company.
  3. Your services are no longer needed here.
  4. We are downsizing the company.
  5. We are restructuring our department.
  6. We are terminating you.
  7. Your employment here has ended.