Legal Services for Employees and Employers
REDUNDANCY
Redundancy is a form of dismissal which happens when an employer needs to reduce their workforce.
Examples of genuine redundancy include:
- The need for the worker has diminished or ceased
- The job no longer exists because other workers are doing the work you carried out
- The workplace has closed, or is closing down
- The business moves
- The business is transferred to another employer
Nevertheless, even if there is a genuine redundancy situation, your employer must still follow a correct process. In not doing so, it maybe deemed to be an unfair dismissal.
Non-Genuine Redundancy
It is important to look at any underlying circumstances concerning the redundancy as situations may arise where the employer is shrouding an ulterior motive under the guise of redundancy. This may include where;
- your employer has recently taken on other people, or plans to do so in the near future, at the expense of your position;
- your performance is in question and you now face a redundancy situation, instead of under-going performance management process;
- you are the only person being made redundant, or one of selected few in a large organisation;
- your personal circumstances, gender, sexual orientation, race, disability or religion played a part in ending your employment. This might mean you have been dismissed because of discrimination rather than a genuine reason for redundancy;
- you have had a poor relationship with your line manager and/or colleagues, and this is the true reason for dismissal.