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Redundancy

An employer can dismiss an employee if the reasons for the dismissal are because the post the employee is in is to be made redundant, providing the employee is selected for redundancy fairly

An employee who is dismissed is taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to:

UNISON will be able to determine whether you have been unfairly selected for redundancy or whether you have been selected for redundancy for an unacceptable reason.

    • the fact that Barnardo's has ceased, or intends to cease, to carry on the business for the purpose of which the employee was employed by him, or;

    • has ceased, or intends to cease, to carry on that business in the place where the employee was so employed, or;

    • the fact that the requirements of that business to carry out work of a particular kind or for employees to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish or;

    • the fact that the requirement of that business for employees to carry out work of a particular kind in the place where the employee was employed by the employer have ceased or diminished or are expected to cease or diminish.

For the purposes of collective consultation rights onlya wider definition of redundancy must be used. For this purpose a redundancy is defined as being:

    • A dismissal for a reason not related to the individual concerned or for a number of reasons all of which are not so related.

Examples would include the situation where the introduction of new working practices results in dismissal, or where Barnardo's introduces new terms and conditions by terminating existing contracts and issuing new ones incorporating the desired changes.

This additional definition will be used in proceedings brought under the redundancy consultation provisions.

Articles

What is redundancy ? - 17 June 2005

FAQS

I am threatened with redundancy, what should I do? - 17 June 2005
Are there any legal requirements that Barnardo's should comply with if there are redundancies identified? - 2 November 2005
Will I be formally notified that I am to be made redundant ? - 2 November 2005
Should I and my colleagues be consulted with if Barnardo's are considering making us redundant? - 2 November 2005
What is Barnardo's policy on redundancy ? - 2 November 2005
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