How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47343
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

GA-ja Daughter, single mum, has worked practice -20

Resolved Question:

Daughter, single mum, has worked for doctors practice for 15-20 years, been told today they are restructering, only person told she can have redundancy, take a wage cut of £4000, and or have a lower paid job. APPARENTLY no other people involved, they have all been given wage increases to bring up to min wage. Not sure if member of union. l have not seen her contract as she was told to hand it in 3 weeks ago, has a meeting on friday with doctors and practice manager. Paid below min wage.
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. is your daughter willing to take the redundancy package

Customer:

She is not aware what it will be yet

Ben Jones :

ok thank you I will go through the options.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:

Ok thank you, ***** ***** has not had verbal warnings.

Ben Jones :

Many thanks for your patience. Whilst redundancy can crop up at any time, to be fair the employer has to show it is a genuine situation that requires redundancy.


The term 'redundancy' is used to describe a situation in which an employer decides to reduce the number of its employees. There are various reasons as to why redundancies may be required, such as economic pressure, changes in the nature of products/services offered, internal reorganisation, workplace relocation, etc. The reason for the proposed redundancies will rarely be challenged and the employer will simply have to justify that the actual reason satisfied the statutory definition of a redundancy, which can be found in The Employment Rights Act 1996:



1. Business closure – where the whole of the employer’s business is closed


2. Workplace closure – closure or relocation of one or more sites


3. Reduced requirement for employees to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear for them to be made redundant).


The third reason above creates the most challenges. Examples of when there is a reduced requirement to do work of a particular kind are:



  • The same amount of work remains but fewer employees are needed to do it. This includes consolidating some of its jobs (e.g. spreading out certain jobs amongst existing employees).

  • There is less work of a particular kind and fewer employees are needed to do it (both the work and the headcount shrink)

  • There is less work of a particular kind, but the same number of employees are required overall.


So as long as the employer can show that their situation fell within one of the accepted reasons for declaring a redundancy, the test will be satisfied and the focus then shifts on the remainder of the redundancy procedure. This would include what consultation took place, whether any suitable alternative employment was offered to those at risk and the general fairness of the redundancy procedure applied by the employer.

If there is a genuine redundancy situation then she will have to consider what other options are available and if nothing suitable exists she may have to rake redundancy, although if she would prefer a lower paid job just to remain employed then she can take that but it is up to her.

Finally, the fact she is being paid below the minimum wage is illegal and she can ask for that to be immediately rectified but it would not change her rights in terms of redundancy. The only thing it would change is that she cannot be offered another lower paid job if it means she still does not get the minimum wage she is entitled to by law.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47343
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  dianne-cssm replied 2 years ago.

We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at [email protected] co. uk and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.co.uk/employment-law/8veht-daughter-single-mum-worked-practice-20.html). Thank you, ***** ***** Customer Support Team.