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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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good afternoon i work for a company that has made my job redundant

Resolved Question:

good afternoon
i work for a company that has made my job redundant twice in the last 6 months
in the 6 months i had to step back into my old job as the person that replaced me was struggling.
the job i was meant to start was also made redundant and they wanted me to go for an interview for the job i was filling in for after the interview i was told i do no reach the criteria
.but i had been doing the same job for the last 12 years
i have been offered jobs in the company in scotland wales and the midlands .
but i live in kent
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

What is your specific query in relation to this please?

Customer:

i need to know where i stand with the company as i have been doing the same job for a long time and now im being told i dont meet the criteia

Ben Jones :

Have they told you why you do not meet the criteria?

Customer:

i was told at the interview that the job roll has changed but it has been ok for me to stand in for the last 2 months

Customer:

i have been in the company for 13 years and with my pay has evolved and i think it is this the company have don this to me

Customer:

sorry im at the moment very angry with the way i have been treated

Customer:

i have don my best for the company i managed to get a new job but have not n=been able to start this job and then i get it snatched away

Ben Jones :

so as it stands now they say that there are no other jobs available for you to do?

Customer:

i have a list of jobs all over the country on less money and they want an answer by monday

Ben Jones :

but you are not happy to take any of these?

Customer:

no as the jobs not feasible being all over the county and miles from home and are lower paid jobs than what im now on

Ben Jones :

and what has happened with the job you were dong last - has this been offered to someone else?

Customer:

no not yet as far as im aware

Customer:

and it is not on the list of jobs i was handed today

Ben Jones :

When you are facing a redundancy situation your employer has a duty to offer you any suitable alternative employment that exists at the time. The objective is to keep you in employment with the company rather than having to make you redundant. However, if nothing suitable exists or anything that has been offered is considered unsuitable, then you may reject these positions and opt for redundancy instead.


 


So the issue is whether the employer has offered you all that is suitable and if what has been offered is in fact suitable.


 


You may indeed argue that the last job you did is something that amounts to suitable alternative employment – after all you have done it without any issues for a while and any changes, as far as you know, are not that drastic to make this a job that is not suitable for you to do. As to the other jobs you could reject them because they will not be considered suitable as they are on less pay and are around the country so your workplace would also be changing.


 


In terms of challenging this then your options are as follows:



  • You may formally appeal the redundancy decision as advised by the employer

  • You may consider raising a formal grievance to raise a formal complain about this

  • If the redundancy stands and your employment is terminated, you can make a claim for unfair dismissal in the employment tribunal

Customer:

if i was to go to tribunal on what ground could it be based on ??

Ben Jones :

well it could be on unfair selection for redundancy or failure to follow a fair procedure, such as offering you suitable alternative employment

Ben Jones :

Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?

Customer:

hello are you still here ?

Ben Jones :

yes I am

Ben Jones :

Can I help any further?

Customer:

thank you

Customer:

could you do a round up of what my rights are please

Ben Jones :

Employer has to fairly select you for redundancy, they cannot just pick you and need to justify their choice
If placed at risk of redundancy you need to be offered suitable alternative employment
If none exists or whatever has been offered is unsuitable you can reject it and opt for redundancy
In terms of taking the suasion forward your only options are as listed in the bullet points above

Ben Jones :

let me know if you need me to clarify anything else, thanks

Customer:

thank you for all your help

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46182
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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