Thursday, 4 March 2010

Nunn Hayward - Information On Redundancy

A topic of the moment...redundancy.

The below is taken from our article on
www.nunn-hayward.com

http://build-a.com/images/nh/infosheets/pages/cifv3_main.htm

There have been many changes to employment law and regulations in the last few years. A key area is the freedom or lack of freedom to make an individual redundant.

An employee’s employment can be terminated at any time but unless the redundancy is fair an Employment Tribunal may find the employer guilty of unfair dismissal.

We set out below the main principles involved concerning the redundancy of employees. We have written this factsheet in an accessible and understandable way but some of the issues may be very complicated.

Professional advice should be sought before any action is taken.

What is Redundancy?

Under the Employment Rights Act 1996, redundancy arises when employees are dismissed because:

-the employer has ceased, or intends to cease to carry on the business for the purposes of which the employee was so employed or

-the employer has ceased, or intends to cease, to carry on the business in the place where the employee was so employed or

-the requirements of the business for employees to carry out work of a particular kind has ceased or diminished or are expected to cease or diminish or

-the requirements of the business for the employees to carry out work of a particular kind, in the place where they were so employed, has ceased or diminished or are expected to cease or diminish.

In other words, the business reasons for redundancy do not relate to an individual but to a position(s) within the business.

Read more on the topic of Redundancies over on the Nunn Hayward website.

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