(A) THE BASICS
1.1 SOME BASIC POINTS
I make no apology for setting out below, what may be obvious and well known, but are some key basic but important points to bear in mind about redundancy:
- Redundancy is about the work requirements of the employer not about the performance of any individual employee(s).
- The fact that an employee is dismissed by reason of redundancy does not prevent him or her bringing a tribunal claim for unfair dismissal.
- In general, statutory redundancy pay is calculated in the same way as the basic award component of unfair dismissal compensation. Redundancy pay is set off against unfair dismissal basic award if the dismissal is subsequently found to have been unfair (so, as a general rule, they cancel each other out).