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Updating author: Marc Meryon

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Definition of redundancy
Duty to consult
Which representation?
Employee elections
Timing and duration of consultation
Meaning of consultation
Notification to the DBERR
Individual consultation: the legal obligations
Failure to consult: remedies

Summary

7.300

  • Despite the familiarity of the concept of redundancy, the courts have periodically been unable to agree an appropriate test to determine whether or not a dismissed employee is redundant. (See 7.302 Definition of redundancy)
  • This question is important because if an employee is redundant, he or she will have a statutory right to a redundancy payment and may also be able to claim unfair dismissal.
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