GFTU Emplaw Emplaw Emplaw

Redundancy as a Reason for Dismissal

Key Points

  • Redundancy is one of the potentially fair reasons for dismissal in ERA 1996, s.98(2)(c)
  • The burden is on the employer to show that the employee’s dismissal was attributable to a redundancy situation as defined on in ERA 1996, s.139
  • If the tribunal accepts this is the reason for dismissal, it will then consider whether the dismissal was within the range of reasonable responses.
  • In addition to the normal principles, the tribunal will consider whether the employer’s redundancy procedure fell within the range of reasonable responses.

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