Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know how long have you worked there for and if you are the only one doing your particular job?
The redundancy applies to a level of management, there are nine of us. I have worked there for 25 years
What is happening to the other employees who are doing the same job as you? Are they at risk of redundancy too?
Yes, all nine people at my level have been told that the role will become redundant at the beginning of Feb 2014. I have worked there for 25 years. I can't understand the 'redundancy' if there are no real changes to the work it is just going to be divided out among others. As I said earlier my experience with redundancies up to this point has been a clear change in working practise or a range of task no longer need at all.
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:
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:
So the job does not have to disappear for there to be a redundancy situation. Your circumstances can still amount to a redundancy and the issue then becomes how those that are to be made redundant are selected as the employer has to ensure there has been a fair selection process. This would normally involve some objective way of selection, such as adopting a scoring matrix or re-interviewing the people at risk for their own jobs or for those jobs that are either newly created or remain after the restructure.
Sorry for the slow response. I hope you can explain a little further. In your examples of diminishing responcibility your first example of the same work but less people needed. What is the legal measure for this, how does the employer have to quantify this?
There is no legal measure - the requirements of the business are judged by the employer. This generally implies a commercial judgement, on the part of those running the business, about the priorities of the business and about which kind of work, or employee, has become surplus to requirements. In fact a tribunal cannot substitute its own view for that of the employer