EIM13800 - Termination payments and benefits:
meaning of redundancy: statutory definition
Section 139 Employment Rights Act 1996
Apply the definition of redundancy given by Section 139
Employment Rights Act 1996:
"... an employee who is dismissed shall be taken to be dismissed
by reason of redundancy if the dismissal is attributable wholly or
mainly to:
- the fact that his employer has ceased, or
intends to cease, to carry on the business for the purposes of
which the employee was employed by him, or has ceased, or intends
to cease, to carry on that business in the place where the employee
was employed or
- the fact that the requirements of that
business for employees to carry out work of a particular kind, or
for employees to carry out work of a particular kind in the place
where he was so employed, have ceased or diminished or are expected
to cease or diminish".
The definition is applied equally whether the payments are
statutory (see
EIM13760) or non- statutory (see
EIM13775).
See
EIM13802 for more detail.
