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In a redundancy situation the employer must consult [73] those in the "pool" identified at risk and carry out a fair selection. The consultation must start when the employer decides [ 74 ] or proposes [ 75 ] redundancy - any delay could entitle the employee to compensation for loss of jobseeking time. [ 76 ]
An injunction could be awarded to enforce a contractual disciplinary procedure, [7] but because compensation is usually an adequate remedy for premature termination, an injunction is generally not available to keep a job going, [8] even in a redundancy situation where the selection process has been circumvented. Action for wrongful dismissal ...
Section 139 of the Employment Rights Act 1996 defines the two situations in which a redundancy may occur: (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
Departmental managers picked teams of core staff who could be retained to keep the business viable. They chose on personal preference for what they thought would be good for the company, but the union was not consulted. Other employees were dismissed for redundancy and given money beyond statutory minima. Five workers claimed dismissal was unfair.
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 ...
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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 ...
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