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hi ben ive worked at my employers for 4 yrs 10 months
The term 'redundancy' is used to describe a situation in which an employer decides to reduce the number of its employees. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied the statutory definition of a redundancy, which can be found in The Employment Rights Act 1996:
1. Business closure – where the whole of the employer’s business is closed
2. Workplace closure – closure or relocation of one or more sites
3. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant – that is not true, the job could remain and employees could be made redundant because the employer does not need as many doing the same job. However, if you were the only one doing that job and you were simply replaced then that is unlikely to amount to a redundancy).
The third reason above creates the most challenges. Examples of when there is a reduced requirement to do work of a particular kind are:
So as long as the employer can show that their situation fell within one of the accepted reasons for declaring a redundancy, the test will be satisfied and the focus then shifts on the remainder of the redundancy procedure. This would include what consultation took place, whether any suitable alternative employment was offered to those at risk and the general fairness of the redundancy procedure applied by the employer.
If you believe the above requirements have not been met then you can consider an unfair dismissal claim, which must be submitted within 3 months of your termination of employment.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thanks ben been really helpful
you are welcome, all the best