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ARTICLE · 06 MARCH 2012

Do You Really Know What 'Redundancy' Means?

Withers LLP
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It can sometimes feel as though a redundancy situation is like an elephant - difficult to describe but you know when you see it.

United KingdomEmployment and HR

It can sometimes feel as though a redundancy situation is like an elephant - difficult to describe but you know when you see it. However, the reality is that there is no one redundancy situation – there are many types of redundancy, some of which many employers will not recognise. An overly simplistic view can restrict an employer's options unnecessarily and may lead to antagonistic capability dismissals when, in fact, redundancy could have been given as the reason for dismissal.

The definition of redundancy

To determine what redundancy means, it is best to go back to basics: the statutory definition. This is set out below.

An employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to

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