Employment Lawyers Can Answer Your Employment Law Questions
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Many thanks for your patience. Redundancy is used to describe a situation in which an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site or job role. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisations, relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason conformed to the statutory definition of a redundancy.
The Employment Rights Act 1996 defines a redundancy situation as falling within one of the following circumstances:
Whilst the first two reasons are self-explanatory, it is the third reason that will be used most commonly and also the one that brings the most challenges.
Examples of when there is a diminishing responsibility to do work of a particular kind are:
If other suitable alternative employment positions exist then the employer has to offer these to those at risk of redundancy. If what is being offered is not suitable then the employee can reject this and opt for redundancy instead. However, there is unfortunately no guarantee that they can save their job - if a genuine redundancy exists then it could end in wither being made redundant or having to accept a suitable alternative job.
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?