if you believe that you've been unfairly selected for redundancy you're at risk of redundancy
and or perhaps you're even made redundant and you're wondering you feel it was unfair
and you're wondering what your options are this video is going to have a look at
the common situation which occurs firstly if you've been unfairly treated in respect of
redundancy you may be able to bring a claim for unfair dismissal unfair dismissal might arise
if for example you were unfairly selected for redundancy or if it's not genuine redundancy that
is it's a sham redundancy and it's being used redundancy is being used as a sort of a guise
to get rid of you and terminate you or perhaps didn't go through any procedure or some very very
rudimentary procedure and therefore you might be able to bring in claim for unfair dismissal
you need to weigh up however the prospects firstly of succeeding so you're going to claim
it's a sham redundancy it's not a genuine redundancy at all or you're going to claim
you're unfairly selected that's fine you can make those arguments now if you were only if you were
made redundant and you're only given statutory redundancy then if you go along to the wrc and
you succeed with your unfair dismissal claim then it's quite possible that you could be reinstated
or re-engaged or you could be compensated on the basis that it was unfair dismissal and it
might be worth your while in that situation that situation you remember is where you've only got
statutory redundancy however the employer may protect him or herself by offering you and a
little extra money ex gracia payment a next grassy redundancy payment in addition to the statutory
in return for that then the employer is going to be asking you to sign a termination agreement the
termination agreement is going to make provision for payment of the statutory
redundancy the ex gracia payment and it's going to make provision for you waving your rights to
bring any claims against the employer arising from the employment so in return for the ex
gracia payment the employer is essentially getting some certainty as to future claims coming from you
in return what you're getting is you're getting a few extra bob over and above statutory redundancy
in that situation though you have a tougher decision to make as to whether you go to the
wrc or not because if you go to the wrc and succeed then it's quite possible that the
money that you've received by way of redundancy statutory and ex gracia would have to be offset
against against the payment you got and that's assuming you'd be able to bring the claim
you'll only be able to bring the claim if you haven't got independent legal
advice if you have got independent legal advice and if you have signed an agreement
the likelihood is the wrc won't be able to look into it because the employer will be protected
however if you were for example taken advantage of or if you didn't get independent legal advice
or if you're coerced or pressured into signing and you were sort of forced to waive your right to get
independent legal advice then you might be able to bring a claim but what i'm saying is you have
to weigh up the prospect of what you might win compensation by way of compensation versus what
you might have to hand back or offset by way of what you've already received so just for the sake
of argument say you've got a total package of say 15 grand and let's say you go to the wrc and you
got a new job fairly quickly after your redundancy and therefore your financial loss is only a month
so in those circumstances you if you're successful at wrc maybe you order three grand or four grand
for example a month's salary however you already got say 15 grand in the redundancy so it's quite
conceivable that the redundancy payment you will have received will be offset against anything that
you might be awarded later on in which case either a you won't be any better off or b theoretically
you'd have to give money back so you need to weigh up the situation in other words sometimes
it will make sense for you to bring a claim to the wrc and you have nothing to lose in other words
you might have got a small redundancy payment and it's statutory and you didn't sign any agreement
and you feel hard on by you have a good chance of winning and you're unemployed for six months
that's a different situation because you're unemployed for six months and you're earning say
four grand a month then that's obviously 24 grand and if you only got five grand statutory then it's
worth your while perhaps bringing claim because if you succeed there is money in it for you however
the corollary is also true if you got 20 grand as a redundancy payment
and you're only unemployed for a month then your financial loss strictly speaking is only a
month and therefore it's not going to be worth your while from a compensation point of view
in bringing a claim from the first missile now you could get reinstatement or re-engagement from the
wrc as a remedy however whether you're going to go back to a place which treated you badly
unfairly dismissed you whether you're going to go back there by way of reinstatement or
re-engagement is another thing most people won't most people will move on and the likelihood is you
may well have found a new job by the time your wrc claim comes around in any event
but what i'm saying to you in general then if you feel you've been unfairly treated in respect of
redundancy either being at risk of redundancy or having been made redundancy you do need to weigh
up the options and you need to weigh up the cost and benefit of bringing a claim to the wrc what
you might win versus what you might be asked to forego if you've already got a redundancy
payment of a certain amount and then obviously there's a question of independent legal advice
and signing an agreement or not if you signed an independent or an agreement and you have got legal
advice then the likelihood is wrc won't hear your case because the agreement will be effective and
will be binding whereas if you were coerced or taken advantage of and were not given a chance
to get independent legal advice then the wrc will hear your case anyway i hope you find this video
useful if you do i would appreciate if you give it the thumbs up down below and i would appreciate it
if you subscribe to my youtube channel if you're interested in this sort of thing thanks a lot