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Nicola-mod
Nicola-mod, Moderator
Category: Employment Law
Satisfied Customers: 21
Experience:  Moderator
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Dear just answer,I wondered what was meant in the employment

Customer Question

Dear just answer,

I wondered what was meant in the employment legislation by the requirement for employees doing work of a particular kind "expected to cease or diminish" as I work for a company which says I am to be made redundant but they have plenty of work that I do for 4 years and have only indicated a risk of not having enough work for all its employees within that period. Surely the expectation for a diminution of work for its employees must be more than a mere risk which is nothing than a possibility and must be within a period of time much shorter than 4 years?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill : Hello my name is Jenny and I am happy to help you today, has the employer been specific as to when it may make redundancies and the number of roles involved? How long have you worked there for?
JACUSTOMER-8niih7i7- :

My employer has not been specific as to the timing of any redundancies but has started the consultation process indicating that I am at risk of redundancy at the end of the consultation period. It is only my role that is being considered. The point I am seeking advice about is whether an employer is entitled to dismiss an employee today on the basis that there may be a reduction of work in the distant future. To me this appears rather premature. I have worked at the company for 4.5 years.

taratill :

Hi no they are not entitled to do that. At the point of dismissal the need for the person to carry out the role must have ceased or diminished. If it has not the reason for the dismissal is not redundancy as it does not meet the legal definition.

taratill :

I would suggest you ask them on what basis they believe the need for a person to carry out the role may have ceased or diminished at the end of the consultation period.

taratill :

They should be discussing this with you in the consultation period. They should be able to explain clearly to you why the role is no longer required and what will happen to the work that you do.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would rate my answer. Thank you and all the best.

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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