Back
Get in Touch Menu

Classic employment traps – redundancy

12 March 2007

It’s amazing how many employers perceive redundancy as something quite separate from dismissal, says one of our employment lawyers.

At a rough estimate, at least 40 per cent of unfair dismissal claims relate in some way to ‘redundancy’ issues – or to be more precise, situations alleged to be redundancy.

The classic scenario runs along the lines of: “One of our salesmen has been causing trouble in the office – I’m going to make him redundant”.

It’s amazing how many employers perceive redundancy as something quite separate from dismissal and regard it a useful solution to people problems.

Redundancy is dismissal. Legally speaking, it is one of the potentially ‘fair’ reasons for dismissal. Strict and relatively complex procedures must be followed so redundancy is by no means a quick fix.

Cloaking what is actually a dismissal under the description of redundancy doesn’t make it so. Neither does it make an employer immune from claims. So if a chap in the pub tells you that one of his salesmen has been causing problems and he is going to make him redundant ….. pass on this bit of good advice before he finds himself having to pay big bucks to the errant salesman in the form of compensation!

As always, if you need commercial and pragmatic legal advice, we’re here to help so please get in touch.

Contact us

 

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Mathew Clayton
View profile
Related services
Share this article
Resources to help

Related articles

Employment Rights Bill: How will strike action be affected?

Employment & business immigration

There have been some high profile cases of striking across certain industries in the UK in recent times, but with the new Employment Rights Bill, how will strike action be…

Simon Pathé FCILEx
Partner, chartered legal executive

Employment Rights Bill: Making flexible working more accessible

Employment & business immigration

The Employment Rights Bill could bring changes to the way in which employees choose to work by making flexible working more accessible. Flexible working has been a hot topic in…

Simon Pathé FCILEx
Partner, chartered legal executive

Employment Rights Bill: How is fire & rehire changing?

Employment & business immigration

The Employment Rights Bill will be bring changes to the fire and rehire process. The term ‘fire and rehire’ refers to the practice of changing employment terms and conditions through…

Simon Pathé FCILEx
Partner, chartered legal executive
Contact us