How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 10401
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Hi I have had my job put at risk today, I am a finance manager

Customer Question

Hi
I have had my job put at risk today, I am a finance manager but only in title the last 6 months as I moved to just doing management accounts - we have had a new person come in and restructure the dept and he has said he does not require a finance manager but needs a cost accountant - I have just found the job being advertised and it states that the new role the person should ideally be a cost accountant and will assist the FCC with management accounts it is being advertised for the same salary - are they allowed to do this - they put me on garden leave and to have a think and put a case forward on how I could save my job ! Are they allowed to advertise the job already when I have only been told I am at risk ?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked with that employer for?

PS: I am travelling at present and won't be able to provide full answer until later tis evening if that's ok

JACUSTOMER-ug1kt509- : I will have been with them 4 years in April.
Ben Jones :

ok thanks I will respond in due course this evening

JACUSTOMER-ug1kt509- : Ok thank you
Ben Jones :

Many thanks for your patience. Being placed at risk does not mean that the employer cannot start advertising jobs which you may be suitable for and could go for to save your job. For example, you could be working in a specific job and the employer has decided that this job is no longer required, placing you at risk. It is already decided that the job will no longer exist so being placed at risk does not mean that they are still thinking whether to keep the job or not – the decision has already been made and you are at risk because there is a risk you could be made redundant as a result of this, but it would still be possible to remain in employment by being offered some suitable alternative employment. So as it has happened on your case, the employer has decided that your specific position is no longer necessary, they have decided to remove that, placed you at risk as a result and have advertised for the newly created role. As part of the consultation process following you being placed at risk the employer can offer you the opportunity to apply for this role I it is considered a suitable alternative position. So even if you are at risk you could still be offered the job that has been advertised and in fact the employer will have a duty to do so if it is considered suitable alternative employment.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

JACUSTOMER-ug1kt509- : But the work I am doing will still need to be done so whilst the job title is no longer needed the tasks are Surely if they was thinking of offering me the position they would not have frog marched me off the premises and placed me on garden leave and take my laptop ?
Ben Jones :

these actions in themselves could indicate a decision has been done before the end of the consultation process. I was only referring to the decision to advertise the job, which is possible, but to do everything else that you mentioned as well may be suggesting something a bit more underhand going on To be honest at this stage it may be difficult to predict and your position and rights will become much clearer once the decision has been made on whether you will be made redundant or not - you the have further steps to challenge this if necessary

Ben Jones :

Has this clarified things for you?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

JACUSTOMER-ug1kt509- : What if even though I have not had any working experience of the position but have a qualification to say I am qualified for the position ?
Ben Jones :

having a qualification in itself may not necessarily be sufficient, for example if the employer is looking for someone with specific experience, so that in itself may make you unsuitable for the position.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    661
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions