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Employees

Dismissals and Redundancy

Dismissing An Employee

Sacked for Striking

Dismissing Striking Staff

Constructive Dismissal

Making a Constructive Dismissal

Garden Leave

Redundancy

Unfair Dismissal

Wrongful Dismissal

Compensation for Unfair Dismissal

Time off

Employers, Employees and Maternity Leave

Last Minute Holiday Requests

New Employee Sick Notes

Absent From Work and Natural Disasters

Flexible Working in Employment

Long Term Illness at Work

Maternity Rights

Maternity Leave Pay

Paternal Leave

Statutory Sick Pay

Request Time Off for Training

Contracts

Employers With Employees Working From Home

Changing Employment Terms

Employment Contracts

Working Time Regulations

Employee Secondment

Social Workers Licensing Requirements

Pay

UK Minimum Wage

Deductions From Wages

Equal Pay

Unpaid Internships and Employment Law

Hotel Cleaners Paid By Rooms Cleaned

Trade Unions

Conditions for Over Time

Disciplinary Matters

Use of Facebook at Work

Bullying at Work

Employment Tribunals

Private Internet Use at Work

ACAS

Corporate Manslaughter

Medical Evidence in Disciplinaries

Employee Fraud

Employee Giving Company Bad Name

Recruitment

Employer Access to Medical Records

Employment Checks for Minor Criminal Convictions

Security Vetting

Legal Issues Working With Children and Vulnerable Adults

Child Abuse Overseas UK Employment Law

Lying on a Job Application

British Workers Rights Over Foreigners

Blacklisting Trade Union Members

Employment Agencies

Employment Agencies

Employment Agency Withholding Pay

Employment Agency Withholding Pay

Employment Agencies Charging

Health and Safety

Health and Safety at Work

Health and Safety at Work Act

Building Work Health and Safety

Noise at Work

Protective Equipment at Work

Electricity at Work

Driving for a Living and the Law

Being a Security Guard

 

 

 

What is redundancy?

Definition of redundancy in the ERA:

Business ceases (or ceases where employee employed) or employer requires fewer employees for “work of a particular kind”.

Redundancy is a form of dismissal from your employment because your employer needs to reduce the workforce. Reasons for redundancy include:

Redundancy is one of the prescribed fair reasons for a dismissal. A properly carried out redundancy should be a fair dismissal.

Collective redundancies

If an employer is making more than twenty employees redundant in one establishment within a 90 day period, this is known as a collective redundancy.

If an employer is considering collective redundancies, there is a duty to consult with the representatives of the employees who may be affected. The representatives would be the employees’ trade union official. If there is no trade union official, the employer should arrange for the employees to elect their own representatives.

If an employer fails to consult the representatives then a claim can be made to an Employment Tribunal for a protective award. This is a monetary award of up to 90 days pay.

Collective redundancies generally occur where:

Individual redundancies

Even if an employer is making fewer than 20 employees redundant in one establishment certain procedures must still be followed:

If an employer uses redundancy to cover up the real reason for ending a person’s employment, or if they do not carry out the redundancy procedure properly, it may amount to an unfair dismissal. The rights to redundancy payments and collective consultation are claimed separately from unfair dismissal.

Redundancy and unfair dismissal

Redundancies fall to be judged under the law of unfair dismissal (ERA, s.94 – the right not to be unfairly dismissed)

As with other dismissals the two-stage test in the ERA: a fair reason, s98(1)-(3), and reasonableness, s98(4), both apply to dismissal because of the need for redundancies.

Redundancy is one of the possible fair reasons for a dismissal. Thus, a redundancy is likely to be a fair dismissal, when carried out correctly.

Role of the employment tribunal

It is not the role of the employment tribunal to decide whether redundancy was the correct managerial response to a situation. Its role is simply to decide whether or not the dismissal was a redundancy. Thus, as long as redundancy is the genuine reason for the dismissal, the employment tribunal cannot challenge it.

Thus, redundancy is a managerial prerogative - it is within management’s discretion as long as it is genuine (Moon v Homeworthy).

Selection for redundancy

Unless the selection is automatically unfair then the test of reasonableness applies.

Automatic unfairness

Redundancy is automatically unfair dismissal if selection is for any of the following reasons:

No qualifying employment needed in the above automatically unfair cases

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