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Redundancy/key card

Key Points

  • Redundancy for the purposes of consultation is simply defined as termination for a reason “not related to the individual concerned.”
  • The broader definition of redundancy is set out in a two stage test that flows from ERA 1996 s.139
  • Compensation for unfair dismissal is better than for redundancy and so redundancies can often result in unfair dismissal cases.
  • An employer does not have to be in a poor financial position to justify making redundancies.
  • Re-engagement following a redundancy can negate the redundancy entirely provided it is within a given time frame.

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