How does the law define redundancy?
Is it possible for an employer to withdraw notice of 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?
What rights do employees who are under notice of redundancy have to take time off work?
Once notice of redundancy has been issued to
an employee, it is legally binding and cannot be unilaterally withdrawn by the
employer, even if the employee is still working out his or her notice period.
If the employer subsequently wishes to withdraw the notice because of a change
in business or economic circumstances, the express consent of the employee is
That said, s.141 of the Employment Rights Act 1996,
provides that an employee who is dismissed by reason of redundancy
loses the right to a statutory redundancy payment if he or she unreasonably refuses
an offer of suitable alternative employment. The offer must be made before the
end of the employee's employment under the previous contract and must take
effect either immediately on the end of the employment under the previous
contract or after an interval of not more than four weeks. The employment must
either be on the same terms and conditions as the previous contract or be suitable
alternative employment in relation to the employee.
If, after notice of redundancy has been
issued, the employer makes an offer to the employee of his or her old job back
on the same terms and conditions of employment, but the employee turns it down,
the employer can then seek to argue that no statutory redundancy payment is due
because the employee has unreasonably refused an offer of suitable alternative
employment. The suitability of an offer of alternative employment is an
objective matter for assessment, whereas the issue of the reasonableness of an
employee's refusal has to be assessed on an individual basis by reference to
the employee's personal circumstances. If, for example, during the notice
period the employee has already secured alternative employment, it is likely
that an employment tribunal will hold that the employee's refusal was reasonable
in the circumstances. On the other hand, refusing to accept a job back simply
to obtain a redundancy payment is likely to be deemed to be unreasonable.
Are employers obliged to accept applications for voluntary redundancy?
Where an employee has taken voluntary redundancy, is the employer prevented from re-employing him or her in the future?
In a redundancy situation, how should an employer select which employees to make redundant?
In which redundancy situations will it not be necessary to determine a redundancy selection pool?
Is "last in, first out" still a valid redundancy selection criterion?
Do employees who are non-EEA nationals have the same rights as other employees in a redundancy situation?
Does an employee made redundant while on maternity leave have any special rights?
Where a redundancy will take effect before a woman goes on maternity leave is she entitled to preferential treatment with regard to being offered suitable alternative employment?
Does an employee who is made redundant while on adoption leave have any special rights?
Does an employee made redundant while on additional paternity leave have any special rights?
In what circumstances might an employee be entitled to a redundancy payment?
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