Employment Law - Redundancy

Under the Redundancy Payments Acts, an employee is taken to be dismissed by reason of redundancy if the job in which he had been employed is to cease to exist. Redundancy mainly covers situations where there is a reduction in the number of employees. It may, however, include circumstances where a restructuring is taking place, with job functions being undertaken by other employees. In all cases of redundancy, it is vital that the circumstances should not solely satisfy one of the definitions of redundancy, but also that a fair selection should take place. Generally speaking, the practice by which the last employee to have been employed in the particular function that is ceasing or being altered, should be the first one selected for redundancy is regarded as fairest. However, this is not necessarily the only basis to be applied, and other relevant considerations may on occasions justify the selection of particular employees for redundancy.