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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45374
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ive been advised that my job is at risk and that my consultation

Resolved Question:

I've been advised that my job is 'at risk' and that my consultation period is likely to run until the end of June 2014. I've been told that my role is not redundant even though I am transitioning my job role to another team and my function is going. HR will not discuss my package or confirm in writing that if I leave earlier (if I find another job) that I will still receive my package, even though it has been discussed verbally as long as I complete the tasks to transition my role to the other team. Am I being treated fairly?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there?

Customer:

Hi Ben, I have worked there since July 2011

Ben Jones :

So why are you at risk, is it because there is the potential of redundancy at the end of the transition?

Customer:

We've been acquired by another company who no longer want to keep my role and therefore I am transitioning my role to another team who are already starting to take on the tasks that I complete as part of my role. The tasks should be transitioned prior to June but they have stated June as a transition period.

Ben Jones :


OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

OK great thank you

Ben Jones :

When you are placed at risk of redundancy it means that the employer is potentially looking at making people redundant and that your position has been identified as being at risk of redundancy in the future. It is not a guarantee that redundancy will go ahead and that you will be made redundant but it highlights that there is a possibility this may happen. The employer would then enter into a consultation process to discuss the redundancy situation and try to find ways of avoiding it, whilst offering you any suitable alternative employment at the same time.


 


If the reasons for the proposed redundancies disappear or a solution is found, including you are given a suitable alternative position, then you will not be made redundant and you will continue working for the company so your status will no longer be at risk.


 


At this stage the employer is not obliged to discuss any redundancy packages with you because a redundancy is not guaranteed. Similarly, if you were to find another job and decide to leave before a redundancy is confirmed, you would not be entitled to any redundancy payments. This would only be an option if the redundancy has been confirmed and you have been issued with a formal notice of redundancy. So whilst you are serving your redundancy notice you find another job which you wish to start before the notice expires, you can submit a counter notice to the employer and ask them to release you early and still retain your right to a redundancy payment. However, until formal notice of redundancy is issued, that would not apply and at this stage your redundancy is just a ‘maybe’.


 


You may approach the employer to consider offering voluntary redundancy where you propose yourself for redundancy and they automatically grant you redundancy, thus shortening the waiting process but that is something given out at their discretion so you cannot force them to do so.

Customer:

Thank you for clarifying

Ben Jones :

You are most welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45374
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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