Redundancy: can unfair dismissal be claimed in case of short notice?

[marina_m]

Hi!

I am self-studying ACCA LW paper, Corporate and Business Law.

I have a few questions that haven't been addressed by the textbook and will be very grateful for the answers and links to relevant materials.

The first one is on employment law: an employee has been made redundant (worked for the employer over 2 years, properly selected for redundancy, all other conditions of genuine redundancy are met), but has been given a shorter notice period than provided by her contract, 1 month instead of 2.
Can she claim unfair dismissal on the grounds that the employer didn't act reasonably (even though the reason for dismissal is fair)?
If she claims wrongful dismissal, would the case be heard in the employment tribunal, the county court or any of them?

[ULA]

Is the employee being required to work their notice or is notice being paid?

If it is the latter then the employee should write to the employer in the first instance stating that they believe the notice period calculation is incorrect, since the contractual notice is greater than the statutory notice, assuming they have not worked there for more than 8 years (since notice after 2 years service is one week per completed year of service to a max of 12 weeks) and therefore they are owed outstanding notice pay. Give a reasonable time for the employer to respond and if this is not successful then a claim can be made at the Employment Tribunal for unlawful deductions of wages.

[marina_m]

Give a reasonable time for the employer to respond and if this is not successful then a claim can be made at the Employment Tribunal for unlawful deductions of wages.

Thank you very much for your reply!

So can this claim be classified as wrongful or unfair dismissal? Or none of them?

And would the answer be the same if she was required to work for 1 month and then leave?

[ULA]

Its an unlawful deduction of wages claim.