Is This A Genuine Redundancy Situation?

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We are often asked for help in making an employee or group of employees redundant.

Our first question when asked for support of this type is to ask for details of the reason/s why.

Redundancy can be relied upon as a fair reason for dismissal but for it to be fair, there must be a genuine redundancy situation. Redundancy must not be used as a quick and easy way to remove a poor performer.

The Employment Rights Act, 1996, is clear in identifying three situations which could result in a fair redundancy dismissal:
  1. the closure of an entire business
  2. the closure of the employee’s place of work
  3. a diminished need for work of a particular type.

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