Redundancy is a difficult time for both employers and employees alike, and it's important for employers to follow the correct procedures to ensure a fair and just outcome. One key aspect of this is the right of an employee to appeal against their redundancy, which can be crucial in ensuring a fair outcome for all parties involved.
Under the ACAS Code of Conduct on Disciplinary and Grievance Procedures, employers are required to allow employees the right to appeal against their dismissal. However, when it comes to redundancy dismissals, this requirement is not always applicable. It is important for employers to understand the specific circumstances under which an employee has the right to appeal against their redundancy.
The case of Gwynedd Council v Barratt and Hughes provides some insight into the issue. The Court of Appeal in this case had to determine whether two employees who were made redundant had been unfairly dismissed because their employer did not allow them to appeal against their dismissal. The court found that their dismissals were unfair because the employer had not followed the established procedures for dealing with redundancies, such as consultation, pooling, selection criteria, and searching for suitable alternative employment. Instead, the employer had put staff on notice that their jobs were at risk and required them to apply for vacancies, circumventing the established procedures.
While this decision does not mean that employers must always allow employees to appeal against their redundancy, it is important to offer this right when appropriate. For instance, if an employer has properly consulted about the redundancies both collectively and individually, their staff will have already had the opportunity to challenge their selection and ask to be considered for alternative roles. In such circumstances, the employer may decide not to offer an appeal to avoid going over the same ground.
However, offering an employee the right to appeal against a redundancy dismissal can strengthen their case that the dismissal was fair. Furthermore, it has been held that where the employer does provide an appeal, a fair appeal can, if necessary, cure an unfair initial decision. This is why many employers err on the side of caution and offer appeals even where they have properly consulted individuals and given them the opportunity to challenge their selection at an earlier stage in the process.
It is also worth noting that there are certain circumstances in which an employee has an automatic right to appeal against their redundancy. For example, if an employer fails to follow the correct procedures for consulting with employees, an employee may have an automatic right to appeal. Similarly, if an employer does not give proper consideration to alternative employment opportunities, an employee may also have an automatic right to appeal.
Employers should always ensure that they follow the correct procedures when it comes to redundancies, including offering employees the right to appeal where appropriate. This can help to ensure a fair and just outcome for all parties involved and can help to avoid potential legal issues down the line. It is always best to seek the advice of an experienced employment law solicitor when dealing with redundancies, to ensure that all procedures are followed correctly and to avoid any potential legal pitfalls.
At Winston Solicitors, our experienced employment team can provide expert advice and guidance on all aspects of redundancy and other employment law issues. We can help to ensure that your business is fully compliant with all relevant legislation and can provide support throughout the redundancy process. Contact us today to find out more about how we can help you.
