Redundancy: Law and Practice (4th Edition)

Redundancy: The Law and Practice is a comprehensive guide to redundancy law in England and Wales, covering individual redundancy, unfair dismissal, contractual redundancy schemes, discrimination, voluntary severance arrangements, and collective redundancies. It has been revised to include case law and changes in legislation, and provides practical tools for practitioners.

Format: Hardback
Length: 480 pages
Publication date: 25 February 2021
Publisher: Oxford University Press

The field of redundancy and unfair dismissal has seen significant legislative changes in recent years, making it a growing area of interest for employment law practitioners. Selecting for redundancy is a crucial decision for clients, and it is essential to ensure that they comply with the law and good practice to avoid litigation. In this comprehensive guide, we will explore redundancy law in England and Wales from a practical and analytical standpoint, covering individual redundancy, unfair dismissal, contractual redundancy schemes, discrimination, voluntary severance arrangements, and collective redundancies.

Individual Redundancy:

Individual redundancy occurs when an employer needs to reduce its workforce due to operational requirements, restructuring, or economic downturn. When selecting for redundancy, employers must follow a fair and transparent process, including consultation with employees or their representatives. The consultation process should aim to identify alternative employment opportunities, provide support for employees, and explore ways to mitigate the impact of redundancy.

Unfair Dismissal:

Unfair dismissal is a legal term that refers to the termination of an employee's employment without proper justification. It can be either constructive or unfair. Constructive unfair dismissal occurs when an employer terminates an employee's employment for reasons that are not unreasonable, such as redundancy or operational requirements. Unfair dismissal, on the other hand, involves discrimination, victimization, or breach of contract.

Contractual Redundancy Schemes:

Contractual redundancy schemes are designed to protect employees from unfair dismissal in the event of a redundancy. These schemes typically involve the employer offering employees a redundancy package in exchange for their agreement to resign from their employment. The package may include pay in lieu of notice, severance pay, and other benefits.

Discrimination:

Discrimination is a prohibited act under employment law, and it applies to all aspects of employment, including redundancy. Employers must not discriminate against employees based on their age, gender, race, religion, sexual orientation, or any other protected characteristic. Discrimination can lead to legal action and significant damages for the affected employees.

Voluntary Severance Arrangements:

Voluntary severance arrangements are agreements between an employer and an employee to terminate the employee's employment voluntarily. These arrangements can be beneficial for both parties, as they allow the employee to leave the workplace on their terms and receive a financial settlement.

Collective Redundancies:

Collective redundancies occur when an employer needs to make significant reductions in its workforce, affecting more than one employee. In such cases, employers must follow a legal process, including consultation with employees or their representatives, to determine the redundancy criteria and the number of employees to be affected.

Staying Within the Law and Good Practice:

To avoid litigation, it is essential for employers to stay within the law and good practice when selecting for redundancy. This includes following a fair and transparent process, providing adequate notice and compensation to employees, and avoiding discrimination or victimization. Employers should also seek professional advice from employment law experts to ensure that their redundancy decisions are lawful and fair.

Conclusion:

Redundancy and unfair dismissal are complex areas of employment law that require careful consideration and compliance with the law. By understanding the legal requirements and good practice, employers can select for redundancy in a fair and transparent manner, reducing the risk of litigation and ensuring that they treat their employees with respect and dignity. Employment law practitioners, including solicitors, barristers, and HR professionals, should have a thorough understanding of redundancy law to provide effective advice and support to their clients.

Weight: 1004g
Dimension: 177 x 253 x 35 (mm)
ISBN-13: 9780198798484
Edition number: 4 Revised edition