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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44909
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a your job is at risk of redundancy letter and I am

Customer Question

I have a your job is at risk of redundancy letter and I am a PA to 4 directors no one else in the company has received this letter I have a consultation meeting next week but think they are trying tongetnridnof me as I am the highest paid within our admin unit no one else has my title if that means anything not sure what I can do
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know even if no one has your title whether they do the same job as you anyway?
Customer: replied 3 years ago.
For Ben jones only.

Only I have the title PA to directors
Expert:  Ben Jones replied 3 years ago.
Redundancy is used to describe a situation in which an employer decides to reduce the number of its employees, either within the business as a whole, or within a particular site or job role. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisations, relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason conformed to the statutory definition of a redundancy.

The Employment Rights Act 1996 defines a redundancy situation as falling within one of the following circumstances:

1. Business closure – where the whole of the employer’s business is closed
2. Workplace closure – closure or relocation of one or more sites
3. Diminished requirement for employees to carry out work of a particular kind.

Whilst the first two reasons are self-explanatory, it is the third reason that will be used most commonly and also the one that brings the most challenges.

Examples of when there is a diminishing responsibility to do work of a particular kind are:
• There is the same amount of a particular kind of work but fewer employees are needed to do it. This would generally be seen as the "classic" situation in which the employer decides to make better use of its resources. This will also include consolidating some of its jobs (e.g. spreading out the work that is affected amongst existing employees). This is where many employees get confused as they believe a job has to disappear for them to be made redundant, however that is certainly not the case.
• There is less work of a particular kind and fewer employees are needed to do it (both the work and the headcount shrink)
• There is less work of a particular kind, but the same number of employees are required overall.

You will be taken through a consultation process and there you can ask the employer for the reasons for the redundancy and what they have done to try and avoid it. You can also ask if they have any suitable alternative employment to offer you. Finally, if you are made redundant you can officially appeal that with the employer.

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