5 The legal aspects of redundancies

DOI: 10.4324/9781003030416-6

When implementing redundancies, organisations have more than just an ethical role of implementing a programme responsibly to protect the future sustainability of the organisation. The legal aspects of implementation need to be fulfilled to prevent subsequent claims against the organisation and its employees. This chapter is situated within the UK legislation and will explore the legal requirements of implementing redundancies with a focus on the following elements of what constitutes a fair redundancy process:

  • statutory definition of redundancy
  • redundancy warning and notice
  • entitlement to redundancy payment
  • individual consultation
  • collective consultation
  • protective awards

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