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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I am currently in process of being made redundant after

Resolved Question:

Hi
I am currently in process of being made redundant after the business which I work for was recently taken over by a larger company (I am currently 'at Risk' with redundancy to follow within the next few weeks).

My current role is as Sales Director, I have worked for my current employers for >15 years with a great deal of success.

The new owners are a large national business whom likewise has a director of Sales.
At no stage in the process has it been suggested that we were both at risk. I have merely been told by the new owners that they have no suitable work for me in the UK post the integration process (which is currently in the final few days of completion). I expect to be made redundant by the end of June.
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. you are being made redundant how can I help you with this please

Customer:

Hi
I am currently in process of being made redundant after the business which I work for was recently taken over by a larger company (I have now been placed formally 'At Risk' with redundancy to follow within the next few weeks).
My current role is as Sales Director, I have worked for my current employers for >15 years with a great deal of success.
The new owners are a large national business whom likewise has a director of Sales.
At no stage in the process has it been suggested that we were both at risk. I have merely been told by the new owners that they have no suitable work for me in the UK post the integration process (which is currently in the final few days of completion). I expect to be made redundant by the end of June.

Customer:

Hi Ben

Customer:

It says you've entered this chat but I cant see anything yet?

Ben Jones :

hi yes are you saying that the company has acted incorrectly by not offering you a role

Customer:

Hi Ben

Customer:

Yes I'm wondering whether or not they must treat others apparently at the same level in a similar manner to the way they have treat me?

Ben Jones :

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:

They have gone as far as saying that whilst they have no work for me in the UK, they would like me to take on a one year fixed contract based out of UK but working in Middle eat and Africa. I have previously done some work in the Middle East and thus why they are asking me if I am willing to travel about 50% of my time working in this area (As I mention working out of UK with travel back and forth to the ME)

Ben Jones :

ok thank you for that information I will get my advice ready for you and get back. I have a short meting at 4pm but will get back to you ASAP

Ben Jones :

Can I just check if the takeover of the business was done under TUPE - was this term mentioned at all?

Customer:

HI Ben

Customer:

We had not finished our conversation, I don't wish to rate you at this time as I think it would be unfair of me. but can we finish

Ben Jones :

Hi, there is no need to rate yet but I am still awaiting an answer to my last query above as I can't provide an answer until then, thanks

Customer: Hi Ben, ok understand. Re: TUPE, whilst new owners have never mentioned this I do believe you are correct, it is am
Customer: It is an issue to do with TUPE. They are in process of combining the 2 Companies into 1. That is very clear and stated as well as being acted upon. However, what they have not done is given me any chance of continued employment in similar job. They have combined my old sales team into theirs but simply told me no opportunity for continued employment in uk ( they have offered me a 1 year fixed term contract based out of uk but working in Middle East and Africa, If I was to take this fixed term contract they will still make me redundant at the end of that period). They do have a similar sales team structure to that which I had, I.e sen
Customer: I.e manager and team. In fact they have a much bigger structure of a director of sales and several managers plus individual teams. They have not used any selection criteria other than not upsetting their own existing structure and moving me out because I was the new comer, except under TUPE I have same continued rights of employment and thus not really a new comer! Hope this explains scenario. My questions are, do you think I have a reasonable chance if I decided to pursue them of unfair dismissal. Likewise what would potential value be, given my severance pay already quite substantial (albeit with no job and at 59 probably a tough act to get similar work)'
Customer: Finally, re: fixed term contract, how does that sit with redundancy and a
Customer: Finally, re: fixed term contract how does that sit with redundancy in terms of being able to take unfair dismissal claim? Reason for bringing in fixed term contract is they say they still value my experience and want t
Customer: Re; fixed term contract, I'm being offered that because they still value my skills and experience and wish me to help them build up their Middle East and Africa operation, albeit for just 1 year.
Ben Jones :

Hi, thanks for clarifying. It does look like a TUPE situation and in these circumstances you can expect to be transferred over to the new employer and retain your contract as it was before. Whilst there are circumstances when the employer may have to make changes to the contract, there are limited exceptions to this. What is important to note however is that if you have found yourself in a situation where there is another person doing the same or broadly similar work to you and this creates a surplus of staff, the employer would have to adopt a fair redundancy procedure where you are both placed head to head and a fair selection method is implemented to decide who is made redundant and who keeps the job. You should not simply be selected for this due to being the ‘new guy’ who has transferred over – you should both be treated equally and a fair and objective selection method must be used to come to the decision as to who stays and who goes.


 


So if you are selected just for being the one that has transferred in and are dismissed as a result, then you can certainly consider an unfair dismissal claim. The compensation you may recover would depend entirely on how successful you are in obtaining new employment, or what the tribunal considers would be a reasonable period to compensate you for if you are still looking. You will only get compensation for loss of earnings resulting from this, so if you are out of work for 6 months, it may cover the lost wages for that period but it will not be indefinite – the tribunal will decide that for a person of your age and skills and in the current climate, it would be reasonable to say that you would be out of work for X months and that is what they will compensate you for.


 


Finally, the fixed term contract, they can consider offering that as a suitable alternative position to try and avoid dismissing you but if you do not believe this is suitable, for example due to this being a fixed term position rather than an indefinite one, it could be rejected. The tribunal may question this though and ask you to justify why you believe it was unsuitable as they could argue that you have given up an opportunity to remain in employment and reduced your losses, although it is impossible to predict how much relevance they would attach to that.


 


Hope this clarifies your position?

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