Redundancy is a situation where the position of employment of an employee is or will become surplus to the requirements of the employer’s business.
In the event the Employer considers that the employee’s position of employment could be affected by redundancy or could be made redundant, the Employer shall, except in exceptional circumstances, consult with the Employee regarding the possibility of redundancy and, before a decision to proceed with redundancy is made, whether there are any alternatives to dismissal (such as redeployment to another role). In the course of this consultation the Employer shall provide to the Employee sufficient information to enable understanding and meaningful consultation, and shall consider the views of the Employee with an open mind before making a decision as to whether to make the employee’s position of employment redundant. Nothing in this clause limits the legal rights and obligations of the parties.
In the event the employee’s employment is terminated on the basis of redundancy, the Employee shall be entitled to notice of termination of employment as specified in the termination clause, but shall not be entitled to any additional payment, whether by way of redundancy compensation or otherwise.
Where the employee’s position of employment is redundant by reason of the sale or outsourcing or merger or transfer of any part of the employer’s business or operations, the Employee shall not be entitled to redundancy compensation if they are offered similar employment by the purchaser, transferee or merged entity, on terms of employment which are no less favourable than the employee’s terms of employment at the time of the sale or outsourcing.