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Redundancy: employment tribunal claims

REDUNDANCY

The current health crisis has resulted in mass dismissals for alleged redundancies. It is not unknown for employers to get rid of workers using sham redundancy as an excuse. It remains to be seen how far the current law on redundancy dismissals will impact on these. However, the current law remains in place and it must be assumed that existing rules apply. The law dealing with redundancy is complex and includes a mass of case law. In summary, the rules are as follows:
The legal definition of redundancy involves one or more of the following:

  • Closure of a business as a whole
  • Closure of a particular workplace
  • A reduction in the size of the workforce.

General points in relation to redundancy include:

  • The right of workers to take reasonable time off to look for alternative work during their notice period
  • Entitlement to statutory redundancy pay
  • A possible claim for unfair redundancy dismissal where, for example, there has been inadequate consultation or unfair selection
  • Employers are generally obliged to offer suitable alternative employment
  • Discrimination issues may arise in relation to selection of workers for redundancy.

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