2. Redundancy Process

Guidance on Redundancy Situation

These guidance notes provide an overview of how to prepare for possible redundancies and the key areas to consider.

A redundancy is a dismissal and therefore must be carried out fairly following recognised procedures to help avoid claims for unfair dismissal.

The starting point is to look at the statutory definition of redundancy.

The Definition of Redundancy

The statutory definition of redundancy can be found in the Employment Rights Act 1996 s139 as follows: (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—

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This guidance describes how to manage redundancy situation and the procedures that need to be followed and key areas that need to be considered.

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