Redundancy

At SR & L we have wide experience of advising employees on the redundancy process.

The statutory definition of redundancy is found in the Employment Rights Act (ERA)1996. This states that a redundancy will arise if the employee's dismissal is wholly or mainly attributable to the following.

  • The employer has ceased or intends to cease to carry on the business for the purposes of which the employee was employed or to carry on their business in the place where the employee was employed.
  • The requirements of that business for the employee to carry out work of a particular kind or for the employee to carry out their work in the place where the employee was employed, have ceased or diminished or are expected to cease or diminish.

Redundancy eligibility requirements

To be eligible to assert the right to a redundancy payment, the following must apply to the claimant;

  • Was an employee
  • Has been dismissed
  • Has been continuously employed in line with the required period according to the ERA 1996
  • Is within the age limits according to the ERA 1996
  • Has not validly contracted out of his/her rights to claim a redundancy payment
  • Is not within the excluded class according to the ERA 1996

For an employee termination of employment is extremely difficult and upsetting. Our employment team are sensitive to the employee’s situation  and will advise you on your individual circumstances and whether a claim can be brought against your employer.

This a complex area of law where strict time limits apply to claims.  If in doubt call us for advice.

For more infomation please contact one of the following:

Name Position Office
Patrick Langrishe Partner Budleigh Salterton
Craig Oliver Solicitor Exeter