(on the basis that the employer did not have genuine commercial reasons or that the process was unfair). But it may be that an employer's failure to follow contractual terms will be the ground, or one of the grounds, for a successful personal grievance. For example, if the employer ignores a selection procedure set out in the agreement, the courts are very likely to see this as procedural unfairness justifying a personal grievance. Employment agreements in most industries must have a negotiated provision protecting employees affected by restructuring where their work will be carried on by employees of a new employer or by some other person. The provision must set out, among other things, the process for determining what redundancy entitlements, if any, will be available to employees who don't transfer to the new employer. These rules covering restructuring are explained in detail below, under the heading "Restructuring: Protection for workers outside the specified industries" and the headings that follow it. What are "genuine commercial reasons"? For a redundancy to be substantively justified, there must be genuine commercial reasons for it. This does not mean "adequate" commercial reasons. The courts are interested only in whether the employer is genuinely motivated by business considerations, and in general will not substitute their own judgement for the employer's about whether the reasons for the redundancy are adequate. Provided the employer made a business decision in good faith, the courts will leave it up to the employer to decide what is best for the