The right
Part XI Redundancy payments etc.
(1)An employer shall pay a redundancy payment to any employee of his if the employee—
(a)is dismissed by the employer by reason of redundancy, or
(b)is eligible for a redundancy payment by reason of being laid off or kept on short-time.
(2)Subsection (1) has effect subject to the following provisions of this Part (including, in particular, sections 140 to 144, 149 to 152, 155 to 161 and 164).
(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.
Defined in s.230(4) · see it in the full Act(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.
Defined in s.230(6) · see it in the full Act“redundancy payment” has the meaning given by Part XI,
Defined in s.235(1) · see it in the full Act(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.
Defined in s.230(1) · see it in the full Act“dismissal” and “dismissed” shall be construed in accordance with sections 136 to 138,
Defined in s.181(1) · see it in the full ActThe court treated the requirement for a dismissal by reason of redundancy as the starting point for statutory redundancy pay. The outstanding question whether the December dismissal was by reason of redundancy was remitted to the tribunal. The court relied on section 135(2) to confirm that the basic right to redundancy pay is subject to the following provisions, including the provisions governing dismissal and alternative employment.
A statutory redundancy payment was not due because the dismissals were caused by refusal to comply with the relocation instruction, not by redundancy. (see Discussion and Conclusions)
A statutory redundancy payment is payable only where dismissal is by reason of redundancy. As the actual reason was refusal to comply with the relocation instruction, the payment awards could not stand. (see paras [45]-[49]; [56])
4 more judgments, and what each says about section 135, are in the case-law panel in the full Act.