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Redundancy is a potentially fair reason for dismissal. However it is essential that the employer carries out a fair procedure or the dismissal will be unfair even if there are genuine grounds for redundancy.

A redundancy situation arises when the need for work ceases or diminishes or for that work to be carried out at a particular place.

Notwithstanding that an employee may be potentially redundant and the employer may have already made up their mind who is likely to go, unless they follow a fair process they might face a claim because they have carried out the selection process unfairly or failed to consider other matters such as alternative work or reduction in hours.

Whilst employers can offer voluntary redundancy they need to make sure that they don’t become contractually bound to go through with it if, for example, the employee that they wanted to retain indicates that they want to take voluntary redundancy. Employers will often become confused on how to put together selection pools and a selection matrix. The employment team at Rix & Kay can assist in connection with the whole redundancy process.

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