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In 2002, the Court of Appeal ruled in a case brought by staff employed at Albion's Farington site in Lancashire, Albion Automotive Ltd w. Walker and others, [1] that a contractual term entitling employees to an enhanced redundancy payment could be implied into the employees' contracts of employment based on the employer's custom and practice.
The Redundancy Payments Act 1965 (c. 62) was an act of the Parliament of the United Kingdom that introduced into UK labour law the principle that after a qualifying period of work, people would have a right to a severance payment in the event of their jobs becoming economically unnecessary to the employer. The functions of the redundancy ...
In such a case it will be hard to overturn the employer's claim of redundancy, but a genuine redundancy can still be unfair dismissal. Even if there is a genuine redundancy, the dismissal must be handled fairly. [72]
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
"Redundancy" is a specific legal term in UK labour law with a definition in section 139 of the Employment Rights Act 1996: [18] see Redundancy in United Kingdom law. When an employer is faced with work of a particular type ceasing or diminishing at a particular location, [19] it may be perceived [by whom?] as obfuscation.
The Employment Protection (Consolidation) Act 1978 (c. 44) was a UK Act of Parliament that formed a central part of UK labour law. Its descendant is the Employment Rights Act 1996. It consolidated two pieces of legislation, the Contracts of Employment Act 1963 and the Redundancy Payments Act 1965.
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The qualifying period for redundancy is having worked for two years with the same employer (s.155). You are not entitled to redundancy if you have simply reached retiring age (s.156). And nothing prevents the employer from making a dismissal for misconduct or capability, as outlined under the fairness provisions for dismissal (s.98).