if your employer has recently taken on other people, or intends to do so in the near future.The following are examples which may indicate that the redundancy is not genuine: It is important to look at all the circumstances surrounding the redundancy. It may be that an employee is simply disliked, with redundancy being used as an excuse to fast track that person’s exit from the company. It can be cheaper and less time consuming to label someone “redundant” rather than follow, say a performance process that could take many months. What are some classic examples of non-genuine redundancy situtations?Įmployers often claim that there has been a reduction in the work needing to be done, but this is not always the real reason for dismissal. the employer’s business is transferred to a different employer.Įven if there is a genuine redundancy situation, your employer must still follow a correct redundancy process (see below) failing which the redundancy can still be deemed to be an unfair dismissal.the employer’s business, or the work the person is doing, moves to another location.the workplace has closed because the employer has ceased trading or has become insolvent.the employee’s job no longer exists because the work is being done by other employees.the work the person does is no longer needed due to a downturn of business, a new line of work which requires a different skill set, or a new process being introduced (see below under “redundancy situations).What are some classic examples of genuine redundancy situations?Įxamples of when someone may be genuinely redundant include: The test of redundancy will also be met where the type of work you carry out is not necessarily stopping, but your employer does not need as many people to carry it out (for example due to an increased use of technology, or due to outsourcing). In either case, if your employer can prove this, then the test of redundancy will generally be met. This work may be stopping for good, or only in the actual place where you are employed.
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In plain English, the amount of work of the particular kind that is carried out by you may have stopped, or is intended to stop in the near future.
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Please feel free to use the contact form or call us on 020 7100 5256Ĭlick here to access our directory of all other UK employment law rights.Įmployment law – Redundancy What is redundancy? We have a vast amount of experience advising on redundancy issues, and high negotiated success rates. We are are one of the best known UK specialist employment lawyers acting only for employees and senior executives.