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Dismissal on grounds of Redundancy
Redundancy in itself is a valid reason for dismissal. But
an employee dismissed for this reason may nevertheless be found to have been
unfairly dismissed.
This will arise where the employee was unfairly selected for redundancy:
- because the employee was chosen for redundancy by reason
of his or her trade union membership or activities, or non-membership of
a union; or
- because the employee was chosen for redundancy for taking action
on health
and safety grounds or for asserting a statutory employment right;
or
- because the employee was chosen for redundancy on maternity-related grounds;
or
- because the employee was chosen for redundancy for taking or
seeking to take paternity leave;
- because the employee was chosen for redundancy
for taking or seeking to take adoption leave;
- because the employee was
chosen for redundancy for requesting flexible working arrangements;
- because
the employee was chosen for redundancy by reason of his or her refusal
or proposal to refuse to do shop work or betting shop work
on Sundays; or
- because the employee was chosen for redundancy for performing,
or proposing to perform, any duties relevant to his or her role as an
employee occupational pension scheme trustee; or
- because the employee was
chosen for redundancy for performing, or proposing to perform, any duties
relevant to his or her role as
an employee representative or as a candidate to be a representative of this
kind; or
- because the employee was chosen for redundancy for reasons relating
to the national minimum wage; or
- because the employee was chosen for redundancy
for reasons relating to the Working Time Regulations 1998; or
- because the employee was chosen for redundancy for making a protected
disclosure
within the meaning of the Public Interest Disclosure Act
1998; or
- because the employee was chosen for redundancy
because he or she took or sought to take parental leave,
time off for dependants,
ordinary maternity leave or
additional maternity leave; or
- because the employee
was chosen for redundancy for taking lawfully organised official industrial
action lasting eight weeks
or less (or more than eight weeks, in certain circumstances);or
- because the
employee was chosen for redundancy for exercising or seeking to exercise
rights relating to trade union recognition
procedures; or
- because the employee was chosen for redundancy for performing
or proposing to perform any duties relating to an employee's
role as a workforce representative or as a candidate to be such a representative
for the purposes
of the Transnational
Information and Consultation of Employees
Regulations 1999, or for taking certain actions in connection with these regulations,
or for proposing
to take or failing
to take such actions; or
- because the employee
was chosen for redundancy for reasons relating to the Part-time Workers
(Prevention of Less Favourable
Treatment) Regulations 2000; or
- because the employee was chosen for redundancy
for reasons relating to the right to be accompanied at disciplinary and
grievance hearings; or
- because the employee was chosen for redundancy for
reasons relating to the Tax Credits Act 2002 (see Dismissal relating
to the Tax Credits Act 2002); or
- because the employee was chosen for redundancy
for reasons relating to the Fixed-term Employees (Prevention of Less
Favourable Treatment) Regulations 2002; or
- because the employee was chosen
for redundancy for reasons relating to the European Public Limited-Liability
Company
Regulations 2004; or
- because the employee was chosen for redundancy for reasons
relating to the Information and Consultation of Employees
Regulations 2004 for undertakings with 150 employees (from 6 April 2007 for
undertakings with 100 employees
and
from 6 April 2008 for undertakings
with 50 employees);
- From 6 April 2005, because the employee was chosen for
redundancy for reasons relating to jury service.
In addition, as in respect
of any other reason for dismissal, the tribunal
needs to be satisfied
that
the employer
acted reasonably in treating the
redundancy as a sufficient reason
for the dismissal.
Accordingly,
here
also, the tribunal
will look to see that the
dismissal of that particular employee
or the manner of the dismissal was
fair; examples of unfair redundancy dismissals
could
occur where the employer
failed to give adequate warning of redundancy
or failed
to consider alternative
employment for
the employee.
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