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unfair dismissals australia

Redundancy Legal Expertise

Making an employee redundant can be a daunting job. It is important to follow the correct procedure to ensure that a worker cannot subsequently claim unfair dismissal.

Being notified that you are at risk of redundancy is extremely stressful. There are strict rules in place that your employer must follow in order for the process to be legal.

If you are selected for redundancy, this cannot be on the basis of unlawful discrimination or an unfair reason. You also have certain rights, including to be consulted, to a notice period and to redundancy pay.

Legal and commercial expertise

At Goodwyn Herrera, we can advise you throughout the process of making an employee redundant. We have experience in employment law in a range of sectors and we will focus on your commercial objectives as well as your legal requirements. We will work with you from the start to ensure that you have a legitimate reason for the redundancy, that the correct procedure is implemented and that you fulfil all of your legal obligations. As well as providing legal expertise, we will always make sure that you have excellent service and that we are available to speak to you to discuss the situation and answer any questions you may have.

Fair redundancy procedure

If you have worked continuously for your employer for two years or more, they are required to having a meeting with you to discuss the redundancy. This may exclude explaining the reason for the redundancy, why you are being considered and whether any alternative jobs are available. They should then follow any internal redundancy procedure they have in place.

A pool of people who could potentially be made redundant will be put together. This will include those whose jobs are no longer needed as well as those whose jobs are interchangeable or similar.

Fair selection criteria must be used to choose employees from the pool. This often includes a system of scoring in respect of skills, experience, attendance and disciplinary record.

It is unlawful to select someone on the basis of characteristics such as sex, disability, pregnancy or maternity, race, sexuality, age or beliefs. It may also be unlawful if selection is indirectly discriminatory, for example, choosing from those who work part-time, when it is mostly women who work part-time.

It is also unlawful to make someone redundant partly or wholly on unfair grounds, which includes the following reasons: Seeking to enforce statutory rights, such as the right to a minimum wage Complaining about health and safety breaches Whistleblowing Part-time workers or those on a fixed-term contract Trade union membership These reasons are automatically unfair and you can bring a claim against your employer even if you have not been working for them for two years.

Redundancy notice and pay

You are entitled to be given notice of your redundancy as follows:
At least one week’s notice if employed between one month and 2 years
One week’s notice for each year if employed between 2 and 12 years
12 weeks’ notice if employed for 12 years or more
Where you have been employed continuously for two years by your employer, you are entitled to statutory redundancy pay, calculated as follows:
For each full year worked: Up to age 22 – half a week’s pay Age 22 to 40 – 1 week’s pay Age 41 plus – 1.5 weeks’ pay This is capped at £538 per week and for a maximum of 20 years’ service.

Contact us

If you are being made redundant and you are not sure whether your redundancy is fair, you should speak to an employment expert.
At Goodwyn Herrera we are experienced in providing employment law guidance to employees in all sectors. Our advice is clear and practical and we will work hard to obtain a fair and just outcome on your behalf.
If you would like to speak to an expert employment solicitor, call us on 020 81 875 555 or email us at to make a free no-obligation enquiry.


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