Redundancy

Redundancy Advice for Employers and Employees

Redundancy is one of the most significant and sensitive issues in employment law, requiring careful consideration of both legal obligations and employee rights. At Employment Solutions, we provide expert guidance to ensure redundancy processes are carried out fairly, transparently, and in compliance with the law.

From assessing selection criteria and redundancy matrices to advising on maternity leave, consultation duties, and the possibility of alternative positions, we help employers and employees navigate each stage with clarity. We also advise on contractual lay-off clauses, the potential to preserve roles, and relevant case law, ensuring that every decision stands up to legal scrutiny and best practice.

Our Redundancy Services

Key Requirements for Redundancy

Employers simply cannot make a role redundant without ensuring:

  • The role is in fact redundant and there is sufficient financial documentation and evidence of same.
  • A genuine redundancy existed.
  • The impersonality of redundancy – it is the role that is redundant, not the person.
  • The onus of proof is on the employer to establish that they acted fairly in the selection of an employee for redundancy, having regard to all the circumstances.
  • Proof that the selection process was fair and reasonable.
  • The process followed by the employer will be assessed at any hearing before a case hearing.
  • Proper consultation with the employee is carried out well in advance of any likely redundancy.
  • Consideration of all possible alternatives to redundancy.
  • If more than one employee is carrying out the same or similar role then fair selection criteria and a redundancy matrix must be used.
  • Redundancy cannot be used as a cloak to get rid of a troublesome employee.
  • Recognition of the huge amount of case law in this area.
  • The importance of seeking legal advice.
  • Redundancy Selection Matrix
  • Redundancy and Maternity Leave
  • Selection for Redundancy and Consultation regarding Alternative Position
  • Importance of Lay-Off Clause in Contract
  • Redundancy following Lay-Off
  • Redundancy – Can Employee’s Job be Saved?
  • Redundancy and Case Law

Need Our Help?

If you need expert legal advice on Redundancy issues, please don’t hesitate to reach out to us today.

Fill out the contact form, and one of our dedicated attorneys will get back to you promptly to discuss your case. Let’s take the first step toward resolution together.

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