Redundancy Part 1: An introduction

The first instalment of a mini series focusing on Redundancy

Episode 1: Introduction to Redundancy

This is the first episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

• What the legal definition of redundancy is
• How to establish if it is a true redundancy dismissal
• Some examples of when it will be a redundancy

Statutory Definition of Redundancy - Section 139 Employment Rights Act 1996 

(1)For the purposes of this Act an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to—

(a)the fact that his employer has ceased or intends to cease—

(i)to carry on the business for the purposes of which the employee was employed by him, or

(ii)to carry on that business in the place where the employee was so employed, or

(b)the fact that the requirements of that business—

(i)for employees to carry out work of a particular kind, or

(ii)for employees to carry out work of a particular kind in the place where the employee was employed by the employer,

have ceased or diminished or are expected to cease or diminish.

Action Points

If you are starting out with what you believe is a redundancy dismissal then ensure that you check the statutory definition before you start.

Helpful Links

Employment Rights Act 1996 

Safeway Stores Plc v Burrell [1997] 

EXOL Lubricants v Birch & Another [2014]

Murphy v Epsom College [1985]

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