REDUNDANCIES

There are three main types of redundancy situations: –

• Closure of the entire business
• Closure of the branch where the employee works. In this scenario the employee should be offered suitable alternative employment at a different location, such an offer needs to be considered seriously as unreasonable refusal of such an offer could lose them their redundancy pay. Additionally, if the employee has a mobility clause in his contract (e.g. requiring him to relocate to premises within a reasonable travelling distance from his home) and on rejecting such offer, he could potentially be dismissed for gross misconduct instead of redundancy.
• Workforce reduction is usually a genuine redundancy except, where a job has been altered or modernised (e.g. by technology. The test is whether the job once upgraded now requires different skills, aptitude, or knowledge is most certainly is not a genuine redundancy especially if the employer simply employs a direct replacement for the employee with immediate effect.

A redundant employee may claim statutory redundancy pay and some may have a greater contractual entitlement. Those employee who were made redundant incorrectly may have a potential unfair dismissal and/or discrimination claim. Individuals in this position should be careful as there are different time limits for such claims. Whereas a tribunal claim for redundancy pay must be made within 6 months, a claim for dismissal or discrimination must be made within 3 months.

As an experienced law firm our solicitors, can assist you in bringing a claim in relation to your redundancy situation.