Redundancy is where the employer has closed, (or intends to close), the business as a whole or, alternatively, just the place at which the employee is employed. This also covers where the employee’s job has ceased to exist. Whether there is a need for an employee to carry out work of a particular kind is always a question of fact for the Employment Tribunal.
If the employee is dismissed for reasons of redundancy, the employee will be entitled to redundancy pay which is based on the employee’s age, length of continuous employment and gross average wage. In addition to making redundancy payment, the employer has a number of statutory obligations with which he must comply before making an employee redundant.
If the employer fails to comply with these obligations he may be liable in a claim for unfair dismissal unless he acts fairly. Amongst the obligations that the employer must comply with are: the employer must follow a fair procedure for selecting people for redundancy; must consult with employees before taking a decision to make any redundancies; and must allow the redundant employee reasonable time off work to look for alternative employment
We offer advice on all aspects of employment rights and redundancy matters.
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