- Simon HoneyballSimon HoneyballFormerly Head of Law, University of Exeter
This chapter examines the circumstances in which it may be possible for an employee to bring a claim against the employer for a statutory redundancy payment. It first outlines the justification of the statutory scheme then considers the definition of redundancy and the circumstances in which the employee might lose a right to claim a redundancy payment. It examines issues consequent on finding a redundancy—namely, offers of new employment and the effects of a refusal. Finally, the method of calculating redundancy payments is discussed along with an examination of what the legal position is when the employer is insolvent and perhaps where there is a rescue in prospect. In so doing, the position of trade unions and employee representatives is also considered.