redundancy rules

A question about : redundancy rules

Does anyone know if your employer can make your role redundant and then you even though the job is being covered by up to 8 other people every day , one of whom is an agency worker brought in to do a different task, but also used to cover the task ? we are at a loss to understand it all

Best answers:

• We would need more detail to be able to give you a proper answer. I
  Applying 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 get out is that bumping is legal so as long as the re is a diminishing of any work equivilent to 1 person, they can get rid of one person.
  There has never been a requirement for the person(s) doing the work to be the one(s) that are made redundant.