On October 30, 2009
Legal Brief: Redundancy or Constructive Dismissal?
Q: After a recent round of job cuts I was given a number of tasks that aren’t on my contract. Then last week I was told those tasks were no longer needed and I am being made redundant. Can I claim constructive dismissal? A: The key question here is whether or not this is a genuine redundancy. If your employment has ended as a result of being made redundant, then the employer will need to show firstly the reason for the termination and secondly that a fair and reasonable procedure was followed. If they are unable to show this, then the termination may be deemed to be unfair. Constructive dismissal arises where there has been a serious breach of the contract…
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