The following Employment Tax guidance note by Tolley in association with Hannah Freeman at Old Square Chambers provides comprehensive and up to date tax information covering:
Please note that all case references in this guidance note are subscription sensitive.
Redundancy is a potentially fair reason for dismissal. Dismissal will be by reason of redundancy where it is wholly or mainly attributable to the fact that either:
ERA 1996, ss 98, 139
Situations in which the above circumstances arise are generally referred to as ‘genuine redundancy situations’. A genuine redundancy situation arises where an employer’s business closes down in its entirety or at one particular workplace, or where an employer cuts his workforce in a particular area of work by a significant number. For example, if there are 100 production workers in an employer’s factory and a decision is taken that only 50 are now required, this will clearly give rise to a genuine redundancy situation in which 50 posts are potentially redundant.
However, where, the employer’s business is reorganised but carries on after the reorganisation without any significant change in the number of employees, it may be more difficult to determine whether a redundancy situation has arisen.
Where there is doubt as to whether a situation leading to dismissal amounted to redundancy as this is defined, it is often sensible for an employer to defend an unfair dismissal claim on the basis that
**Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason.
Access this article and thousands of others like it free for 7 days with a trial of TolleyGuidance.
Read full article
Already a subscriber? Login