Real Employment Law Advice

This is the first episode of a mini series on redundancy in which I will focus on all aspects of redundancy and how to ensure you get things right.

In this episode I will cover:

  • What the legal definition of redundancy is
  • How to establish if it is a true redundancy dismissal
  • Some examples of when it will be a redundancy

Statutory Definition of Redundancy – Section 139 Employment Rights Act 1996 

(1)For the purposes of this Act an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to—

(a)the fact that his employer has ceased or intends to cease—

(i)to carry on the business for the purposes of which the employee was employed by him, or

(ii)to carry on that business in the place where the employee was so employed, or

(b)the fact that the requirements of that business—

(i)for employees to carry out work of a particular kind, or

(ii)for employees to carry out work of a particular kind in the place where the employee was employed by the employer,

have ceased or diminished or are expected to cease or diminish.

Action Points

  1. If you are starting out with what you believe is a redundancy dismissal then ensure that you check the statutory definition before you start.
  2. Sign up for our free webinar on Wednesday 20th May 2020 at 10am – https://realemploymentlawadvice.co.uk/events/

Helpful Links

Employment Rights Act 1996 

Safeway Stores Plc v Burrell [1997] 

EXOL Lubricants v Birch & Another [2014]

Murphy v Epsom College [1985]


Free Redundancy Webinar: Wednesday 20th May at 10am

In this webinar Solicitors, Alison Colley and Albert Bargery will be covering the basics of the redundancy process in a simple and easy to understand way.

You will learn the steps required for a redundancy process and the preparation required if you are thinking that cut backs or reductions may be required within your business.

As businesses start to look to the next steps after lockdown it may be necessary to make reductions and it is crucial that you follow the minimum legal process.


You can sign up for tickets by clicking here:


Coming Friday 15th May: DIY Redundancy Documents

You will be able to purchase all of the letters and documents you need, including guidance, to complete a redundancy process. It will be available to download directly from this website for £165 plus VAT (£198).

Click here to go to the DIY shop

For more information or to access advice please contact us on 01983 897003 or by email: alison@realemploymentlawadvice.co.uk


Please do leave your thoughts on this issue in the comments section below. Please ensure that any comments are respectful to all views and opinions.

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £198 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001 or 023 8098 2006


Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.


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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh | Solicitors Portsmouth

HR Isle of Wight | HR Salisbury | HR Eastleigh |HR Portsmouth

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