Employees have a number of rights in a redundancy situation and both parties need to understand what these are.
To fall within the statutory definition of “redundancy” set out in section 139(1) of the Employment Rights Act 1996 (ERA 1996), an employee’s dismissal must be “wholly or mainly attributed to the employer”:
- Ceasing or intending to cease to carry on the business for the purpose for which the employee was employed by it (business closure);
- Ceasing or intending to cease to carry on that business in the place where the employee was so employed (workplace closure);
- Having a reduced requirement for employees to carry out work of a particular kind to do so at the place where the employee was employed to work (reduced requirement for employees).
Put another way it must genuinely be occurring because the employee’s work has disappeared or diminished.
In redundancy situations the employer must follow a fair procedure which involves notifying and consulting with the employee. It is recommended that employees who are faced with redundancy take legal advice about their right. Our experienced team would be pleased to provide that advice.
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AI RS16
“I’m not normally someone who leaves reviews, however the legal help I received from Rowberry Morris was outstanding. I was suspended from work pending an internal investigation. From the moment I contacted Rowberry Morris I was treated with professionalism and understanding. The processes were explained clearly to me and they kept me updated throughout. Needless…
AI RS22
“I cannot thank Anna and her at team enough for the exceptional support and representation she provided during my maternity redundancy case. From the start, she showed genuine empathy, deep legal expertise, and a clear commitment to protecting my rights. Navigating a redundancy situation while on maternity leave was incredibly stressful, but Anna guided me…
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AI – RS8
“I cannot speak too highly of all members of the team at Rowberry Morris who supported me with great sensitivity during a very stressful time. Superb service, again highly commended.”
AI RS20
“This is the second time I have used Rowberry Morris, and the service has been exceptional. Phone calls were made at the time agreed, and emails were answered quickly. Ruth and Anna were very professional, and used language that I understood (rather than complicated legal jargon). Thank you both for everything.”
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AI – RS6
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AI – Google 10
“Anna Illingworth supported me with excellent legal advice about a tricky HR issue I had with my company. Her advice was detailed, clear and very helpful in sorting the matter out. I would recommend Anna and Rowberry Morris to anyone in need to advice.”
AI RS19
“Anna was recommended to me during a difficult period. From first contact, first dealing with Ruth (Pocock) and then Anna, nothing was too much trouble. The level of detail was delivered not only professionally but friendly and with empathy too. I have no hesitation recommending Rowberry Morris.”