Check the reason you were chosen for redundancy was fair

Summary

Your redundancy is unfair if your employer chooses you because you’ve previously complained about discrimination. Making you redundant because you’ve complained about discrimination is called ‘victimisation’ - check if your redundancy is victimisation. You have to be able to show the reason you’re being made redundant is because of a protected characteristic. You can check if your employer discriminated against you. If you think you’re being made redundant for a discriminatory reason, check how to take action about discrimination. If you’ve been employed for at least 2 years, you can challenge your dismissal as unfair at the same time. Check how to challenge your dismissal. Your employer can’t usually make you redundant because they’ve been taken over by another business. In most cases, your employment contract will continue and you’ll keep the same terms and conditions with your new employer. You can still be made redundant if your employer can show that: * it’s a genuine redundancy (because there’s no longer any need for the work you were doing) * the transfer was not the only or main reason for your redundancy * your old employer makes you redundant before the transfery * your.

Key information

• it’s a genuine redundancy (because there’s no longer any need for the work you were doing)
• the transfer was not the only or main reason for your redundancy
• your old employer makes you redundant before the transfery
• your new employer makes you redundant after the transfer
• Your redundancy is unfair if your employer chooses you because you’ve previously complained about discrimination. Making you redundant because you’ve complained about discrimination is called ‘victimisation’ - check if your redundancy is victimisation.
• You have to be able to show the reason you’re being made redundant is because of a protected characteristic. You can check if your employer discriminated against you.
• If you think you’re being made redundant for a discriminatory reason, check how to take action about discrimination. If you’ve been employed for at least 2 years, you can challenge your dismissal as unfair at the same time. Check how to challenge your dismissal.
• Your employer can’t usually make you redundant because they’ve been taken over by another business.
• In most cases, your employment contract will continue and you’ll keep the same terms and conditions with your new employer.
• You can still be made redundant if your employer can show that:
• it’s a genuine redundancy (because there’s no longer any need for the work you were doing)
• the transfer was not the only or main reason for your redundancy

Practical guidance

• Source: Check the reason you were chosen for redundancy was fair

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