REDUNDANCY:

Dismissal is caused by redundancy when the employer has ceased to carry on the business in which the employee has been employed or the business no longer needs employees to carry on that work. In these circumstances, dismissal is presumed by the courts to be by redundancy unless otherwise demonstrated.

An employee may claim a redundancy payment where he is

  • Dismissed by his employer by reason of redundancy.
  • Laid off or kept on short time.
A Dismissal is treated as caused by redundancy if the only or main reason is that:
  • Employer has ceased, or intends to cease, to carry on the business (or the local establishment of the business) in which the employee has been employed.
  • The requirement of that business for employee to carry on the work done by the employee have ceased or diminished (or are expected to)
If the employee's contract has a mobility clause  (a clause that allows the employer to change the place of work) there is no redundancy if the employee is relocated. However, in some cases it might be classed as constructive dismissal.

A key test for determining whether or not an employee is redundant is to see whether there has been a reduction of the employers requirements for employees to work at the place where the person concerned is employed.



  • We are starting with this fundamental principle that we are all citizens and equal citizens of one State.(Presidential Address to the Constituent Assembly of Pakistan on 11th August, 1947.)
  • The constitution of Pakistan has yet to be framed by the Pakistan Constituent Assembly. I do not know what the ultimate shape of this constitution is going to be, but I am sure that it will be of a democratic type, embodying the essential principle of Islam. Today, they are as applicable in actual life as they were 1,300 years ago. Islam and its idealism have taught us democracy. It has taught equality of man, justice and fairplay to everybody. We are the inheritors of these glorious traditions and are fully alive to our responsibilities and obligations as framers of the future constitution of Pakistan. In any case Pakistan is not going to be a theocratic State to be ruled by priests with a divine mission. We have many non-Muslims --Hindus, Christians, and Parsis --but they are all Pakistanis. They will enjoy the same rights and privileges as any other citizens and will play their rightful part in the affairs of Pakistan.(Broadcast talk to the people of the United States of America on Pakistan recorded February, 1948.)
  • As you know, history shows that in England conditions, some time ago, were much worse than those prevailing in India today. The Roman Catholics and the Protestants persecuted each other. Even now there are some States in existence where there are discriminations made and bars imposed against a particular class. Thank God, we are not starting in those days. We are starting in the days when there is no discrimination, no distinction between one community and another, no discrimination between one caste or creed and another. We are starting with this fundamental principle that we are all citizens and equal citizens of one State. (Presidential Address to the Constituent Assembly of Pakistan on 11th August, 1947.)

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