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Questionnaire: Have You Been Unfairly Dismissed?

By: Emma Eilbeck BA (hons) - Updated: 22 Jul 2010 | comments*Discuss
 
Redundant Unfair Dismissed Employer

You should not assume that just because you have been made redundant your employer had the right to do so.

If you fear you have been unfairly dismissed or made redundant you should speak to your local citizen’s advice bureau as soon as possible to see if there is any action they can take against your employer.

Questionniare

These few questions should help you decide whether your redundancy was fair.

1, The Reason You Were Given

A) I was told I was being made redundant because I was no good at my job
B) I was made redundant because my job role had changed
C) I was made redundant because my job no longer existed

2, Your Colleagues

A) I was the only person made redundant my colleagues are still doing the same job
B) A couple of us have been made redundant but some people are continuing in their job
C) All my colleagues have been made redundant

3, Your Age

A) I was told I was too old to work
B) I was told my age played a factor in my redundancy
C) My age was not taken into consideration

4, Finances

A) My firm is in a good financial position and people are getting pay rises
B) There has been a pay freeze on wages at my firm
C) Everyone has taken pay cuts to avoid redundancies

5, Your Feelings

A) I do not get on with my employer and feel like they want a reason to sack me
B) I am indifferent towards my employer
C) I get on well with my employer

6, How You Were Told

A) I was not offered any help to find another job
B) I was told of some other jobs available within the company
C) My employer did their best to find me alternative employment within the company

7, Your Pay-off

A) I did not receive any pay when I was made redundant
B) I received a small lump sum
C) I received a substantial pay-off

Your Answers

If You Answered Mostly As

If you answered mostly A there appears to be a few warning signs that could suggest you have been unfairly dismissed. There are certain rules that your employer has to follow when making you redundant and one of these is that they must explain fully why you have been made redundant.

If you leave and somebody takes over your job role this could mean your employer has unfairly dismissed you, being too old to work is also not a reason to be made redundant, unless it means you can no longer do your job. If you have been at the firm for two years you should also expect to receive some form of redundancy pay. Only you will be able to judge if your employers had an alternative reason for making you redundant, but if you suspect foul play you should visit your local citizen’s advice.

If You Answered Mostly Bs

If you answered mostly B it looks like there is some risk that you have been made redundant unfairly. You should look at whether your dismissal is because your job no longer exists or rather because your employer is looking for a way to shed staff.

You should be able to tell this by which staff members they choose to keep on. If there are still colleagues left behind doing your job your employer will need to explain the exact reasons as to why they chose you and not your colleagues. You should also make sure you receive the correct pay when being made redundant and check your contract to make sure what they are offering you is correct.

If You Answered Mostly Cs

If you answered mostly C it sounds like you have been fairly made redundant. If you still have suspicions you should speak to your local citizen’s advice bureau and they will be able to dissect your contract and see if you have a case for unfair dismissal.

If there is genuinely no demand for the job that you used to do and your employer has given you a good redundancy package, it is unlikely that you have been unfairly dismissed. It is also a good sign if your employer does their best to find you alternative employment within the same company as this shows they want to carry on working with you.

It is common to feel rejected and often angry when you have been made redundant but don’t fall into the trap of thinking that your redundancy us unfair if there is no need for your job. If you have strong suspicions about your employer’s intentions though you should speak to them in the first instance before taking action.

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