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Question:
Recently, a woman took advantage of our voluntary redundancy scheme and left us but I find that, following a reorganisation, her job still needs doing. As her job clearly was not redundant, can she now claim against us?
Answer:
You are making a common mistake. In law it is the person, not the job, that is redundant. Redundancy exists if there is less work and as a result someone is dismissed. This may be the person who was doing that job or someone whose job that person was moved into. As your woman left voluntarily, you have no problem.
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