Redundancy - Getting it Right

by Kate Russell

Right of appeal

There is no statutory obligation on the employer to offer the employee the right to appeal the redundancy. However, you should ensure that the employee has the opportunity to challenge the decision to select him or her for redundancy during the individual consultation process. As a matter of good practice you should give an employee who is dismissed for redundancy a right of appeal.

If the employee chooses to appeal, he must inform you and you must invite him to a further meeting. The employee has the right to be accompanied and both parties must take all reasonable steps to attend this meeting.

The appeal meeting need not take place before any dismissal or sanction takes effect. Where possible, the appeal should be dealt with by a more senior manager than the person who attended the first meeting (unless the most senior manager attended the first meeting).

After the appeal meeting, you must inform the employee of the final outcome.

If you fail to offer an appeal, or if you don’t follow the procedure properly, the dismissal is likely to be unfair.