redundancy
n. 1. (in employment law) The situation in which an employee fills a job that no longer needs to be done. Under the Employment Rights Act 1996, dismissal for redundancy occurs when the reason is wholly or mainly that the employer has ceased or intends to cease carrying on the business in which the employee was employed, that he is transferring the business in which the employee works to another location, or that he needs fewer employees to carry out the work in the place in which the employee is employed. An employee dismissed in such circumstances is entitled to a statutory redundancy payment if he has been continuously employed in the business (see continuous employment) for two years prior to the effective date of termination of his employment. He may be disqualified from receiving payment if the employer has offered him suitable alternative employment, starting within four weeks after his old employment ends, and the employee unreasonably refuses it. The employee will not forfeit his right to his redundancy payment if he tries out the alternative employment for up to four weeks and decides not to accept that employment and his refusal is reasonable.

An employee who is laid off (i.e. not provided with work) or kept on short-time working, otherwise than as a result of industrial action, for four or more weeks continuously, or for six or more weeks (not more than three consecutively) in any 13-week period, may claim a redundancy payment in certain circumstances. He must give his employer at least the minimum required period of notice terminating his employment, stating his intention to claim a redundancy payment. This notice must be given within four weeks after the end of the relevant period of lay-off or short-time working. However, the employer is not liable to give him a redundancy payment if he honours a written undertaking, given within seven days after receiving the employee’s notice, to restore full-time working within four weeks after the employee’s notice, for at least 13 weeks without interruption.

An employee who is dismissed for redundancy must be given reasonable time off during the notice period to seek other employment or to undertake retraining to enable him to do the same. If he is offered a new job starting before his notice expires, the employee may bring forward the termination of his old employment. However, the employer can challenge his right to a redundancy payment if he justifiably requires the employee to work for the full notice period. An employee forfeits his redundancy payment if, during the notice period, his employer justifiably dismisses him for misconduct other than strike action.

Disputes concerning redundancy and redundancy payments are determined by application to an employment tribunal. The tribunal can also make a protective award to employees on the application of an independent trade union when the employer has failed to give sufficient notice of his intention to declare collective redundancies (see disclosure of information). See also collective redundancy. 2. (in statements of case) The inclusion of unnecessary or irrelevant material. The court may order redundant material in a statement of case to be struck out.

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