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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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On 1st of May 2013 I transferred to the UK from Jersey with

Resolved Question:

On 1st of May 2013 I transferred to the UK from Jersey with my company, this relocation was taken in place of redundancy. I have now been informed that I am at risk of redundancy again.

Throughout this year the company has been through a corporate restructure which I have been a key part of, and was initiated prior to my relocation. Other changes have also been made in terms of automation of processes, also initiated prior to my relocation, in which I am involved and also a reduction in general business activities. These have been cited as primary reasons for my redundancy, and that my remaining responsibilities will assumed by a group company.

I do not contend the validity of my position being redundant but that these reasons were mostly inevitable prior to my relocation (other than reduced business activity, but this impact is minimal). As such my relocation was only a short term position.

My main issue is that the redundancy package that I have now been offered is inferior to the one that I was assured if I had not relocated and remained till the closure of the Jersey office.

In light of the timescale and the reasons given for redundancy would I have any grounds to insist that they match the the package I had previously been promised?

Other points are:
I have continuous employment over the relocation. I and a other members of my team are being asked to remain till end of September as occupying business critical roles, the other positions subject to redundancy have given notice to end of June.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you give me your total length of service please
Customer: replied 3 years ago.

5 years, from June 2009.

Expert:  Ben Jones replied 3 years ago.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Customer: replied 3 years ago.

OK, thank Ben

Expert:  Ben Jones replied 3 years ago.
thank you I will get back ASAP
Expert:  Ben Jones replied 3 years ago.
Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

The first reference to what redundancy you would be entitled to is your contract because that defines any enhanced redundancy package rights that you may have. In the absence of anything in your contract dealing with this, you would generally be entitled to the minimum redundancy payout, which is defined in law and can be calculated here: https://www.gov.uk/calculate-your-redundancy-pay.

The employer may have offered you enhanced redundancy in the previous round of potential redundancies but that does not mean that they have to do the same this time round or any other time you may be facing a redundancy situation. The employer can change their offers as and when they see fit and with every different round of redundancies. They do not have to repeat previous offers and this is where the difficulty will arise in your case.

There is however nothing to lose in trying to negotiate an enhanced redundancy package, for example by pointing out that they may have known the job you were offered was only a temporary fix and that in the process you missed out on the better package. However, if they refuse and you are made redundancy anyway, all you can do is make a claim for unfair dismissal but that won’t get you the enhanced offer from last time, it will just consider compensating you for future losses of earnings resulting from the redundancy (if it is found to be unfair of course) and if you have not suffered many losses, for example by finding a new job reasonably soon afterwards, then any compensation would be minimal and probably not worth pursuing.

So negotiate with them if you want, there is nothing you can lose by doing that, but be realistic if it is obvious they won’t budge in their stance.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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