Legal Article - Employment Law

Definitions

Redundancy is defined as including the following situations.

Where the employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed; or

Where the employer has ceased, or intends to cease, to carry on the business in the place where the employee was so employed; or

Where the requirements of the business for the employees to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish; or

Where the requirements of the business for employees to carry out work of a particular kind, in the place where they were so employed, have ceased or diminished or are expected to cease or diminish.

Simple redundancies occur, for example, when a business closes down, moves premises or has to cut its workforce on the loss of a large part of its business. A redundancy can also occur where the work has not diminished, but either employees are no longer required to do the work because of mechanisation or use of subcontractors, or, because of a reorganisation of the work being done.

For example, if the work is being done in a service department by a service manager, receptionist, foreman and charge-hand could be better organised and done by three instead even though the same amount of work needs to be done.

There is no such thing as self-imposed redundancy, i.e. because a person is so poor at doing their job, they have, therefore, made themselves redundant.

Nor is there a redundancy situation where:
The same amount and type of work is redistributed among the same number of employees even if certain jobs disappear

the same work is done under different terms and conditions of employment e.g. an employer withdraws free transport to work because it is uneconomic and some employees lose their jobs because they are no longer able to get to work; or introduction of new shift systems; or change from part-time to fulltime work (but change from full-time work to part-time may result in a redundancy situation).

Same work done by different kind of employee e.g. employing someone of lower status or grade. A warning of future redundancies without a specific termination date again is not a dismissal for redundancy and if an employee leaves following such a warning it will be a resignation.

Published: 27 May 2011

Comments

To ensure you are a real person signing up and to prevent automated signups (spamming) could we ask you to copy the letters and numbers shown below into the box.

(cAse SeNSItivE!)

There are no comments



Share this Article


Related Articles

Employment Law Downloads