Has there been a redundancy dismissal? 





Only employees dismissed after two years’ service wholly or mainly because of redundancy qualify for a statutory redundancy payment. Section 136(1), ERA 96 says there will be a dismissal for the purposes of a redundancy payment when: 





• the employment contract is terminated, with or without notice;





• a contract for a fixed-term is not renewed;





• the employer’s actions leave the employee with no alternative but to resign (constructive dismissal); or





• the employee resigns while already under notice of a redundancy dismissal.





Dismissals associated with transfers under the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) are looked at separately in Chapter 12.