If you are going to be made redundant from your job, you should be treated fairly by your employer and there are certain steps they would be expected to follow. You may also be entitled to a redundancy payment.
What is redundancy?
Redundancy is a form of dismissal from your job, caused by your employer needing to reduce the workforce. Did you know that there is a government published page to actually calculate your own potential redundancy entitlement ?
Sickness and Redundancy
Such cases do happen ; an employee who may have worked for the employer for many years may have become sick with stress cancer or whatever ; what is the legal situation ? In cases like this the law may decide that the real reason for the termination of the employment was due to an outside intervening factor - not itself reasonably foreseeable ; The contract may then be held in law to have become frustrated.
The key factor is for there to have been a significant time gap between the onset of the illness and the effective date of termination of the contract and to look at what actually happened to the ex employees' job. In this respect reference should be made to Marshall –v- Harland & Wolff Limited & Another 1972 IRLR 90 (NIRC), and The Egg Stores (Stamford Hill) Limited –v- Leibovici 1976 IRLR 376 (Employment Appeal Tribunal). These cases give the principles. Just Lawyers have been instructed in cases such as these and we take great care to keep up to date on the correct law and any recent developments.
Redundancy Notice
The minimum notice period for redundant employees is the same as for dismissed employees. However, in cases of collective redundancy, there are additional consultation periods that must be allowed for.
Employer or Employee please do not risk ending up in litigation ?
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