TigercubGW Leave a Comment

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, business unit, function or job role. To fall within the statutory definition of “redundancy” set out in section 139(1) of the ERA 1996, an employee’s dismissal must be “wholly or mainly attributable to” the employer: •

Ceasing or intending to cease to carry on the business for the purposes of which the employee was employed by it
Ceasing or intending to cease to carry on that business in the place where the employee was so employed
Having a reduced requirement for employees to carry out work of a particular kind or to do so at the place where the employee was employed to work.

In the context of collective redundancies, redundancy is defined as a dismissal which is not connected with the individual worker concerned. This definition encompasses the traditional concepts of redundancy under ERA 1996 but also includes dismissals which may be regarded as being for some other substantial reason (section 188, TULRCA).

The following two tabs change content below.



Latest posts by TigercubGW (see all)

    Leave a Reply

    Your email address will not be published. Required fields are marked *