ABSTRACT
Redundancy payments are calculated in the same way as the basic award in unfair dismissal claims The employee must qualify for protection as identified under the Employment Rights Act 1996 There is a presumption of redundancy in the dismissal and the burden is placed on the employer to disprove this Situations where leaving the employment will not constitute a dismissal Redundancy occurs when the business closes or the employee becomes surplus to requirements A business may need to reorganise and this can prohibit a redundancy claim Workers rights are protected through the Transfer of Undertakings (Protection of Employment) Regulations 2006 in the event of a business being sold Employer is allowed to claim that dismissals are due to an economic, technical or organisational reason Employers have a duty to consult with the workforce in the event of redundancies or transfers
THE STATUTORY PROTECTION IN CASES OF REDUNDANCY See Pt XI of the Employment Rights Act (ERA) 1996 (ss 135-65). Payment is calculated in the same way as the basic award in unfair dismissal cases, except that years worked while under the age of 18 do not count.
