How does the law define redundancy?
Is "last in, first out" still a valid redundancy selection criterion?
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?
Is it possible for an employer to withdraw notice of redundancy?
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?
The use of "last in, first out" (LIFO) is likely to put employees in
younger age groups at a particular disadvantage, as they are more likely to be
the employees with the least service. This would entitle those employees to
make claims for indirect age discrimination.
Under the Equality Act 2010, discrimination because of age will be unlawful unless it can be objectively justified, ie the
employer can show that it is a proportionate means of achieving a legitimate
aim. The employer might be able to show that LIFO is a
proportionate means of achieving a legitimate aim, for example rewarding loyalty, if it is used as one of
several criteria, or to determine the outcome of a selection exercise where
employees have scored the same on other criteria. It is not advisable for an employer to use LIFO as the only
criterion for selection if there are other factors that can be taken into
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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