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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I and two of my colleagues have just been told of a meeting

Resolved Question:

I and two of my colleagues have just been told of a meeting next week to start a formal consultation process. Apparently the company want to cut down to two tutors rather than three.
Is there any way I can receive advice on the subject?
Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What would you like to know about this?

Customer: Well. Earlier this year I was on the sick for six weeks with a bad back. When I returned my boss had decided to move me from where I was working and put another tutor in my position. I accepted this and just tried to make the best of the job she gave me even though it was done without discussion or anything.
Customer: Now it has been decided that they only want two employability tutors rather than three so one has to be made redundant. This was after offering me a job which was more of a job broker position rather than using my own particular skills. I am a numeracy specialist
Ben Jones :

How long have you worked there for?

Customer: Almost seven years
Ben Jones :

ok thanks please leave it with me, I am just leaving the office but will work from home so will respond this evening as soon as I get back, you will get an email to advise of this

Customer: Okay thank you very much
Ben Jones :

Thanks for your5 patience

Ben Jones :

Thanks for your patience, so just t confirm ids it your current position being made redundant and had you remained in your original position would the situation have been the same?

Customer: No the position I was in is still ok
Customer: Still not sure it will be me that is made redundant but one of the three of us will be
Ben Jones :

And how long ago were you put into this position?

Customer: I have been in my current position since the end of aptil
Customer: April sorry
Ben Jones :

ok as you moved to the current position without challenging this or indicating your dissatisfaction in a formal manner, it is likely that this would have become your permanent position. If that is the case and you are placed at risk of redundancy because this role needs a reduction in employees, then this will move on to a redundancy procedure where the key is fairness in selection. So the employer would have to adopt an objective and fair method to work out which one would be made redundant. This could entail using a scoring matrix where you are all scored on the same criteria, with the lowest scorer being made redundant. Another common method is to conduct a competitive interview process where you are all interviewed for the available jobs and the worst performer at interview is made redundant. There are various other methods but whatever is chosen it must be fair and objective. If you are the one chosen for redundancy then you will have the right to appeal and if that is rejected and you are dismissed, depending on the reasons for redundancy and whether you believe a fair procedure was used, you could also consider an unfair dismissal claim in the employment tribunal

Customer: Yes we have been told that if none of us agrees on voluntary redundancy we will be interviewed for the two available positions. I did refuse the new position they wanted to put me in as I did not want to concentrate just on job search as I enjoy the teaching.
Ben Jones :

If what you have been offered is not suitable compared to your current job you can reject it and it would not affect your rights to receive redundancy should you be the one selected for redundancy

Customer: Ok thank you for your advice. It is hard explaining everything online
Ben Jones :

I understand, there will be some limitations to what can be done here but we are really the first step for advice where you understand your basic legal rights and what you can do in the circumstances

Customer: Yes thank you
Ben Jones :

you are most welcome

Customer: I was trying to rate you but it will not let me yet
Ben Jones :

Apologies for that, there is a bug in the system which we sometimes get and it prevents you from posting your rating. Instead, you can just type your selection on here (e.g. OK, Good, Excellent) then we will process it manually later. Thank you

Customer: Excellent thank you
Ben Jones :

many thanks, ***** ***** best

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