Three employees with less than one years service say out redundancy selection process was unfair. Can they do anything about it?
Possibly. Employees with less than one year’s service cannot sue for unfair dismissal — unless the dismissal was for an ‘inadmissible’ reason (such as pregnancy, or involvement in trade union activities). However, if your trio have characteristics which set them apart from the majority of your workers — for example, if they are women, or older workers, or from a racial minority group, or disabled — be careful. There is no qualifying period of service in relation to claims of unlawful discrimination. If they can establish on the facts what appears to be a difference in treatment related to gender, age, race, sexual orientation, religious or philosophical belief, or disability, an Employment Tribunal may draw an inference of unlawful discrimination unless you can provide a satisfactory alternative explanation. An award of compensation for unlawful discrimination has no upper limit.
