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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
How does the law define redundancy?
Are there any circumstances in which redundancy as a reason for dismissal can be disputed?
What is the correct procedure for making redundancies?
Does the redundancy procedure differ if there are bumped redundancies?
Can an employer lay off workers if it is in financial difficulty?
Can an employer require a fixed-term employee to sign a redundancy waiver?
Can a fixed-term contract be terminated before the end of the term if the post is redundant?
Under s.52 of the Employment Rights Act 1996, an employee
who is under notice of dismissal by redundancy has the right to take reasonable
paid time off during working hours to look for new employment or make
arrangements for training for future employment. To exercise this right the
employee must have two years' continuous service by the expiry of the notice
period. What is "reasonable" will depend on the individual circumstances of the
case and relevant factors may include how difficult finding new employment is
likely to be, the distance that the employee may have to travel in order to do
so, and the needs of the employer.
An employee may bring a complaint to a tribunal that time off
has been refused unreasonably. If the complaint is upheld the employee will be
entitled to a payment equal to the amount that he or she would have received
had the time off been permitted, subject to a limit of 40% of one week's pay.
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