Reasonableness in the Redundancy Process - Avoiding the Pitfalls

Although redundancy legislation provides certain rules with regard to what constitutes a genuine redundancy, a dismissal by reason of redundancy can be deemed unfair if the employer is not considered to have acted reasonably. What constitutes reasonableness on the part of an employer has become somewhat clearer in recent years, although each case will depend on the circumstances.

Section 5 of the Unfair Dismissals (Amendment) Act 1993 provides that, "...In determining if a dismissal is an unfair dismissal, regard may be had ... to the reasonableness or otherwise of the conduct (whether by act or omission) of the employer in relation to the dismissal".

Certain factors have established