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A Guide to Redundancy Law by Edward Benson (auth.)

By Edward Benson (auth.)

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See page 164 for a fuller discussion of this point. 3 Redundancy GENERAL INTRODUCTION An employee dismissed for redundancy is normally entitled to redundancy pay; so one way for employers to resist redundancy pay claims is to argue that redundancy was not the reason for the dismissal. The advent of the unfair dismissal provisions brought about a subtle change in employers' tactics. It was often in the employers' interests to argue that redundancy was the reason for dismissal, since redundancy is one of the grounds on which a dismissal may be held fair (see Chapter 13); redundancy pay not only attracts a rebate from the Redundancy Fund, but is also usually less than unfair dismissal compensation.

Oxford & District Co-operative Society ([1969] ITR 377): As a general approach to this whole topic, it is very desirable that ... there should be, so far as it can possibly be achieved, simplicity: academic 26 A Guide to Redundancy Law discussions as to the operation in certain circumstances in the law of contract of repudiations and acceptances, and acceptances of offers, novations and counter-offers, and so on, should not be allowed to produce a waste of time or energy. Pay in Lieu of Notice One way of forestalling a wrongful dismissal claim when the employer has dismissed or intends to dismiss without notice, is to give the employee 'pay in lieu of notice' - that is, to dismiss summarily, but to pay the amount due for the notice period.

A wrongful dismissal, being a breach, has to be accepted by the employee before it takes effect; so a wrongful dismissal is arguably not a dismissal at all since it is the acceptance by the employee that terminates the contract. By the same token, an employee who resigns without notice should be treated as dismissed. J. 's comment in Marriott v. Oxford & District Co-operative Society ([1969] ITR 377): As a general approach to this whole topic, it is very desirable that ... there should be, so far as it can possibly be achieved, simplicity: academic 26 A Guide to Redundancy Law discussions as to the operation in certain circumstances in the law of contract of repudiations and acceptances, and acceptances of offers, novations and counter-offers, and so on, should not be allowed to produce a waste of time or energy.

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