Redundancy Law

What Does The Redundancy Law Say?

If you are an employee living and working in the United Kingdom and have just been dismissed from work, don’t just sit there or look for an alternative employment but think again. Have you actually been dismissed fairly or have you been made redundant under the cover of a dismissal? If there are conditions that exist to suggest that this was indeed the case, then stand up for your rights and swing into action.

It must be noted that there is a huge difference between a fair dismissal and being made redundant. The law defines a fair dismissal as a dismissal where the employee committed a substantial wrong and that evidence exists upon which the dismissal could be treated as being fair, and the employee was served with a notice of dismissal beforehand, in response to which he or she could not offer a satisfactory explanation.

If the grounds for such a dismissal exists, then it is fine, but what if such conditions did not exist but were portrayed to exist?

The Redundancy Law defines redundancy as an act where the employee is dismissed either because a part of all of the business discontinues its operations and closes down, or the business is on a downsizing regime and does not want the services of the said employee, or there is a significant reorganization of the business in place, so that there is no more work to be offered to the employee. Redundant Laws

The Redundancy Law then goes to say that every person that is being made redundant shall be entitled to a payment if the person was in continuous employment with the employer for a continuous years, either part time or full time. The Redundancy Law also goes on to say that the lump sum payment that is to be given to the employee so made redundant will depend upon the amount of weekly wage that was paid to him, the age band in which he so falls and the complete years of his employment with the employer.

This can mean a good amount of payment to be paid to each employee by the employer, however, certain employers have started to camouflage the redundancy in the form of fair dismissal in order to save themselves from the high redundancy cost.

What the employer does is that it dismisses the employee on the grounds that he or she has committed something wrong and in many cases, the employees do not pay particular attention to the fact that such a dismissal took place due to none of their wrong doings.

If such action is suspected, the employee can go to the court of law and file a lawsuit stating that he had been in continuous employment, and that he was in fact dismissed from his job and that the dismissal was unfair, because the real case had been that of redundancy and not dismissal.

It then becomes the job of the employer to provide proof that it was indeed a fair dismissal, failing which the court may as well decide that it was a redundancy under disguise and award the employee full redundancy payments. So do look at your case and take the appropriate action.

Redundancy Law

Benefits of Voluntary Redundancy

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