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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48755
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi could you advise me on a redundancy situation please?

Resolved Question:

Hi could you advise me on a redundancy situation please?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does your contract say you could be asked to do this?

Customer:

No and in previous situations where I inherited responsibilities from people being made redundant, I received no formal handover or training.

Customer:

Sorry - hi Ben

Customer:

Hello?

Ben Jones :

In these circumstances, even if you are being made redundant, you still continue to be covered by your contract of employment and the employer can only expect you to do whatever is in it. Therefore, if you have specific responsibilities described in there, they would still be the ones that you can expect to be asked to undertake. There may be a clause which says the employer could ask you to undertake such additional duties as may be required to assist the business and in these situations asking you to do what they have now could be seen as reasonable and acceptable, especially as it is just for a short period of time.


 


Assuming no such clause exists, then one must consider if asking you to do these additional tasks is a reasonable request by the employer. This would depend on how much extra work is needed, how different it is to the usual work you do, whether you have to do it in addition to that or instead of it and so on. You cannot really expect to be paid anything extra for doing that work but at the same time you cannot be asked to do it if it is not something that is expected of you in the contract. You could try and negotiate with the employer where they actually increase your redundancy or offer an additional payment for doing this but if they refuse, then assuming you have nothing in the contract that could cover such a request by the employer, you can advise them that you are not prepared to do this and that you would be sticking to the tasks that are described under your contract.

Customer:

Unfortunately there is a line akin to the clause you have described regarding additional duties at the discretion of management. So it looks like I am being screwed over as well as being made redundant. :-(

Customer:

Thank you for crystallizing my position - I kind of thought that would be the case as they have talked about gross misconduct and dismissal if I fail to comply

Ben Jones :

Yes such clauses are not uncommon unfortunately and in these circumstance are likely to be seen as reasonable assuming this was just a temporary thing to help with the transition. It does not mean the employer can take advantage of you and ask you to work unreasonable hours but as long as it is applied reasonably it can be valid and enforceable

Customer:

Thank you Ben. I appreciate your time today.

Ben Jones :

You are welcome, all the best

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