If an employee requests voluntary redundancy is their employer still bound by dismissal procedures?Posted in : First Tuesday Q&A NI on 3 May 2022 Issues covered: Voluntary Redundancy; Dismissal Procedures
Even if an employee has requested redundancy they are still technically 'dismissed' and entitled to their employment rights. The voluntary nature of the redundancy should not be mistaken for the employee resigning. An employer should ensure that the correct process for redundancy is followed regardless of whether it is voluntary or not.
Employees have the right to not be unfairly dismissed by their employer. Redundancy is a potentially fair reason for dismissal. If the employer cannot establish that the reason for the employee's redundancy was fair or if the correct statutory process was not followed, then the employer can be liable to a claim for unfair dismissal.
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 03/05/2022
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.