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
Chris Fullerton
Arthur Cox NI
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.

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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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

View all articles by Chris Fullerton