May 1

FAQ: Settlement Agreements & Redundancy

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  • As An Employee, In What Circumstances Can I be Made Redundant?

An employer may only make you redundant, if the employer has genuine reasons for terminating your employment. You should only be made redundant if there is a genuine redundancy, otherwise you may be able to claim for unfair and/or wrongful dismissal. Redundancy typically involves either temporary or permanent closure of a business as a whole or closure of a particular workplace where you are employed. Additionally, you should note that redundancy can involve a legitimate reduction in the size of the workforce.

  • hat Are M

    y Employer’s Responsibilities When Contemplating Making Me Redundant?

There are a number of key guidelines that an employer must adhere to when contemplating making you redundant:

Planning

Employers are under an obligation to draw up a plan to decide which employees would be kept on or made redundant. The plan should include the selection criteria, namely detail reasons for those being kept on or made redundant.

Employers must inform you, if you are at risk of redundancy, of the impending redundancy as soon as possible to ensure that you have a chance to suggest alternatives to redundancy, apply for other jobs with the employer (where available) or apply for new jobs with other employers.

Employers should consider any proposals that you or your representatives make as an

alternative to redundancy.

Employers should decide as soon as possible how many employees would actually be made redundant.

Consultation

Employers should note that in the event that 20 or more employees are to be made redundant, the employer has a duty to consult with your representatives, including any relevant trade unions.

Employers must discuss alternatives to redundancy as well as the applied selection criteria for the redundancies..

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