Any employee who has been continuously employed for 2 years or more has the right if made redundant to claim a statutory redundancy payment, and to claim unfair dismissal. There are procedures which must be followed by an employer prior to making an employee redundant and a failure to follow the correct procedure can render a dismissal unfair. It would be sensible in the event of an employer believing that there is a redundancy situation, or an employee being put at risk of redundancy or being made redundant, to take legal advice.
Redundancy is one potential justification for dismissing an employee. The law lays down that there are only 4 other possible reasons to justify a dismissal, namely
- That the continued employment is illegal.
- Some other substantial reason such as to justify dismissal.