Even if an employee has requested redundancy they are still technically 'dismissed' and entitled to their employment rights. The voluntary nature of the redundancy should not be mistaken for the employee resigning. An employer should ensure that the correct process for redundancy is followed regardless of whether it is voluntary or not.

Employees have the right to not be unfairly dismissed by their employer. Redundancy is a potentially fair reason for dismissal. If the employer cannot establish that the reason for the employee's redundancy was fair or if the correct statutory process was not followed, then the employer can be liable to a claim for unfair dismissal.

In the recent case of 'White v HC-One Oval' in the Employment Appeal Tribunal, it was found that voluntary redundancy does not deny an employee their statutory dismissal rights or provide an employer with a reason to not follow dismissal procedures.