Where on a dismissal for redundancy, the employee commits an act of gross misconduct during the notice period and is summarily dismissed, is the employee entitled to a statutory redundancy payment?

An Employee is entitled to a Redundancy payment when:

1. •

   they have been continuously employed for not less than two years

2. •

   they have been dismissed

3. •

   the Dismissal was by reason of redundancy

For further information, see Practice Note: Entitlement to statutory redundancy payment.

An employee is dismissed by reason of redundancy if their dismissal is wholly or mainly attributable to:

1. •

   the employer ceasing or intending to cease carrying on the business for the purpose of which the employee was employed by them

2. •

   the employer ceasing or intending to cease carrying on that business in the place where the employee was so employed

3. •

   the requirements of the business for employees to carry out work of a particular kind, either generally or in the place where the employee was employed, ceasing or diminishing

For further information, see Practice Note: Definition of redundancy—Redundancy payment entitlement, and fair reason