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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44867
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am being made redundant from my job. A new job has been

Customer Question

I am being made redundant from my job. A new job has been created which is my existing role plus a few other tasks. I was told I would be interviewed with only 4 working days notice. I had not had an interview for 9 years and did my best. I had not been asked if I would be trained to take on the extra work. I did not get the job. Another person has.

I have had a good attendance and performance management record all the times have been there.

I appealed and the hearing is next Tuesday. Has this process been fair. It feels like unfair selection to me and very rushed. What should I do at the hearing?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is Ben and it is my pleasure to assist you with your question today. Are you the only person being made redundant?
Customer: replied 2 years ago.
Yes
Expert:  Ben Jones replied 2 years ago.
why were you chosen for redundancy, what was the reason given by the employer?
Customer: replied 2 years ago.
The other candidate scored better on some of the core competences.
Expert:  Ben Jones replied 2 years ago.
ok thank you I will get my response ready and get back to you this afternoon
Customer: replied 2 years ago.
Yes please do.thanks
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. When it comes to the redundancy procedure applied by an employer, the law does not stipulate any minimum notice requirements for interviews for suitable alternative jobs. If you and all others at risk were given the same notice periods then there is unlikely to be an argument for unfairness because you were all treated the same. However, had you been given 4 days notice of interview, whereas the other person was for example given 2 weeks then you can argue there was unfairness and that they had much longer to prepare which could reflect in the performance at interview. But a couple of days difference in notice is unlikely to be unreasonable and in addition it would not usually be a relevant factor that you may not have had an interview for some time.

In the end the employer is free to decide who to employ for the vacant job as long as they reach their decision on fair and objective grounds. For example, a subjective personal preference for one employee will be unfair but if they used neutral scoring criteria and you simply ended up being the lower performing employee you could be made redundant.

You do have the right to appeal which you have already done. When the appeal hearing comes, there is no specific way to go about it you simply have to tell them on what grounds you do not agree with the decision, for example if you believe that the scoring was not done correctly or there were factors that were not taken into consideration then you can of course raise these but it is also for the employer to engage in a two way discussion with you to discuss any potential issues with the procedure and consider whether there are any valid points for appeal.

If the appeal fails, the last step available for you is to consider a claim for unfair dismissal in the employment tribunal.
Customer: replied 2 years ago.
Are you able to comment on why I wasn't asked whether I would undertake training for the extra tasks? The rest of the JD is the same. I struggle to see a redundancy situation where the only change seems to be to include those new tasks
Expert:  Ben Jones replied 2 years ago.
I cannot say why you were not asked that, this is something you must take up with the employer, only they know the answer. A redundancy situation exists where the employer needs to reduce the number of employees doing a particular job. For example were there a couple of you doing a specific job, which was changed and only one job was crated, then both of you went for it but only one was successful?
Customer: replied 2 years ago.
There were 3 people for 3 jobs across the UK. 1 in Mid,ands and 2 up North. I could only apply for Midlands cos of family commitments.

One lower job now vacant based up North. The other 2 were filled by the other two candidates.

Expert:  Ben Jones replied 2 years ago.
The Employment Rights Act 1996 defines a redundancy as:

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. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant).

The third reason above creates the most challenges. Examples of when there is a reduced requirement to do work of a particular kind are:
• The same amount of work remains but fewer employees are needed to do it. This includes consolidating some of its jobs (e.g. spreading out certain jobs amongst existing employees).
• 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.

So as long as the employer can show that their situation fell within one of the accepted reasons for declaring a redundancy, the test will be satisfied and the focus then shifts on the remainder of the redundancy procedure. So if you cannot see any of the above situations applying you can challenge whether this was a redundancy to start with.
Customer: replied 2 years ago.
Thanks this is helpful.

None of these apply. My employer has introduced new tasks no one has done before ie they have not been taken from the downgraded post. . The head count has stayed the same and the number of roles has remained the same. Just one job has been downgraded.
Expert:  Ben Jones replied 2 years ago.
There is the potential this did not meet the criteria for redundancy. So this is obviously an appeal point to raise at the hearing. After that, depending on the outcome you can consider the tribunal to claim unfair dismissal
Expert:  Ben Jones replied 2 years ago.
Hello, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

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