Redundancy selection

Q. We took industrial action two months ago over our employers’ plans to downgrade our terms and conditions. The employer postponed its plans and so the industrial action came to an end. However, the employer has now notified us that it is starting a redundancy exercise. We are worried that the people who were most active during the strike are going to be targeted by being put at risk of redundancy and made redundant. Can they pick and choose like that?

A. If the reason for terminating someone’s employment is because they have taken industrial action within the last 12 weeks, the dismissal will be unfair under section 238 of the 1992 Trade Union and Labour Relations (Consolidation) Act.

Cherry picking employees on the basis of their involvement in industrial action is specifically prohibited in the legislation.

Although you are coming up to the end of the protected time period, it can be extended, for example, if the employer operated a lockout — in which case the number of days of the lockout are added on and serve to lengthen the 12-week protected period.

In addition, individuals are entitled to be told by their employer why their employment is being ended.

If it can be shown that the reason given by the employer for dismissal is false, the dismissal will be unfair.