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Redundancy rights

This advice sets out the statutory rights of employees in a redundancy situation. The contractual redundancy rights of dentists employed on NHS terms and conditions are also explained.

Overview

This page explains the key rights and protections available to employed dentists if their role is placed at risk of redundancy. Redundancy is a potentially fair reason for dismissal, but employers must follow a proper process and treat affected employees fairly throughout.

You should be consulted about the proposed changes and given the opportunity to understand the reasons for the redundancy, raise concerns, and discuss ways of avoiding dismissal. Employers should use fair and objective selection criteria where only some employees are at risk, ensuring that decisions are not discriminatory or based on irrelevant factors.

The page also outlines entitlement to statutory redundancy pay, including how payments are calculated and the eligibility requirements that must be met. For dentists employed within the NHS, there may be additional provisions relating to early retirement on the grounds of redundancy.

Definition

Redundancy occurs when an employee or group of employees are dismissed due to one of the following circumstances:

  • The employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed

  • The employer has ceased, or intends to cease, to carry on the business in the place where the employee was employed

  • The requirements of the business for employees to carry out work of a particular kind in the place where they were employed have ceased, diminished, or are expected to cease or diminish.

Redundancy within the Community Dental Service can occur where, for example, a re-organisation results in fewer dentists being required. Alternatively, a decision could be made to close a clinic.

Dismissal for redundancy is prompted by a change in the requirements of the employing organisation; not the conduct, capability, health or personal circumstances of the employee.

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Facing reorganisation or redundancy?

All BDA members employed on national terms and conditions can access one-to-one advice and support with Essential membership.