11e Redundancy

Question 1

What is redundancy?

Answer 1

A type of dismissal that is wholly or mainly attributable to the fact that:
- No longer work available in that location.
- No longer work available of that type.

Question 2

Is the redundant employee entitled to anything?

Answer 2

They get a statutory redundancy payment which is equivalent to the basic award for unfair dismissal which is based on age, years of service and weekly pay.

Question 3

What should an employee do if they haven’t been given their redundancy payment?

Answer 3

Make a claim within 6 months to the employment tribunal as they are entitled to this.

Question 4

What must the employee prove to claim for their statutory redundancy payment?

Answer 4

They were dismissed and worked for 2 years.

Question 5

What must the employer prove so that they don’t have to pay the statutory redundancy payment?

Answer 5

The dismissal was not on the grounds of redundancy.

Question 6

When would the court not grant a statutory redundancy payment?

Answer 6

• Guilty of misconduct.
• Made a reasonable offer of a renewed contract which they refuse.
• Made an offer of suitable alternative employment in the same capacity which they unreasonable refuse.

Question 7

What is the employee entitled to should they be offered new employment rather than their redundancy payment?

Answer 7

A four week trial period in the alternative employment from the end of their employment under the previous contract.