Magazine article Marketing

Legal Q & A

Magazine article Marketing

Legal Q & A

Article excerpt

Q I have been told that I am going to be made redundant. How do I know this is a genuine redundancy and what am I likely to receive if it is?

A Redundancy is when an employee is dismissed, usually for one of two reasons. First, where an employer has ceased, or intends to cease, to carry on the business for which the employee was employed or in the location where the employee was employed. Second, it could be that the requirements for staff to carry out work of a particular kind are expected to cease or diminish or have done already.

But in some cases, the employer advertises the same position after the employee has left. If there is no genuine redundancy, you may be entitled to bring a claim for unfair dismissal.

With a genuine redundancy, the employer will often pay over the statutory minimum redundancy payment. To receive a statutory redundancy payment, the employee must: have worked under a contract of employment for at least two years; been dismissed, with or without notice; not be over the normal retirement age for that industry or over 65; not unreasonably refused a suitable alternative job. …

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