Penn Legal

Redundancy

In general terms redundancy occurs when:

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The business which employs the affected employees closes down.
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The business is closing down at the site where the affected employees work and is relocating to another site.
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Fewer employees are required to do a particular kind of work.
Redundancy is a fair reason for dismissal but there are a number of circumstances in which an employee who has been made redundant may pursue a claim for unfair dismissal.

Consultation is an important part of the redundancy process. It offers an opportunity for the employer to explain the reason for taking such a step. It offers the employees the opportunity to explore with the employer measures to avoid any redundancies, such as early retirement of staff, job sharing, cessation of overtime or even acceptance of a reduction in pay. If redundancies are inevitable, it also allows the parties the chance to agree a fair process by which employees can be selected for redundancy.

Claims can be avoided by developing and applying a clear and fair redundancy procedure and consulting carefully with trade unions or employee representatives in good time before the first dismissals take effect.

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