Can I Reapply for My Own Job? Understanding Redundancy with James Johnson

James Johnson

06 January 2017

Solicitor James Johnson answers questions and explain about the redundancy process.

Questions addressed are:

  • Is it fair to reapply for your own job during the redundancy process?
  • Is last in - first out fair during the redundancy process?

What does the law say about redundancy?

The legislation states that ‘an employee is dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to the fact that the employer ceases to carry on the business in which the employee was employed, or ceases to carry on that business in the place where the employee was employed. A redundancy will also occur when the needs of the business for employees to carry out work of a particular kind have ceased or diminished.’

In plain English, this means a Redundancy situation happens when your employer has no more, or not enough, work for you and your colleagues (for example if your employer closes or relocates the business, or now needs fewer workers).

However, it has now been confirmed that a Redundancy situation can also arise where an employer wishes to make a full-time position part time due to a reduction in work (as this is a diminution in work).


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