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: 46161
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

, I currently work as a construction project manager and

Resolved Question:

,
I currently work as a construction project manager and have been with my company .5 years.
I'm being made "redundant" and have been informed that I will be replaced by a senior PM.
Our department has 8 PM's of which two have literally just joined.
We are also going to achieve record profits this year.
My CEO has had an "off the record chat" with me about letting me go and wants to avoid paper work because it's lengthy and would rather offer me a package which I think is extremely low.
I feel that this is also unlawful dismissal as I have never received any warnings and believe I have achieved high expectations in my work.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

What is the actual reason ?

Customer:

Ben,

Customer:

I am being replaced by a senior PM

Customer:

That's as much info as I have been given

Customer:

and I've looked into it online and don't believe I can be replaced

Customer:

I have been discussing this with another PM that has been told the same thing today and we believe it is more personal or that someone has told something to my CEO to do this as he never does? Usually it's someone else he gets to do this and my other directors are none the wiser?

Ben Jones :

It does appear that this is a potentially unfair dismissal, should it go through. 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 employer will 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 to carry out work of a particular kind (this is where many employees get confused as they believe a job has to actually disappear 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.


If the same amount of employees and work remains and you are simply being replaced by someone else, then that is unlikely to be a redundancy. It could be that the person who is replacing you is being made redundant from their job and they are being ‘bumped’ down, in which case this could be fair, but there must have been a genuine redundancy situation there in the first place and the employer must have offered them your job as suitable alternative employment.

It appears that they are trying to remove you by offering you a package, which if you were to sign and accept will likely prevent you from claiming against them . So you can use the above information to re-negotiate this or you can still refuse to accept anything and let them make you ‘redundant’ after which you can consider making a claim in the employment tribunal.

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

Customer:

I see it looks like it can go one way or the other. I am planning to negotiate a package but I want to make sure that what they are doing is actually wrong before I pursue. Point 3 - reduced requirement is where it could potentially be but the fact that they have taken on two extra PM's within 3 months prove that this is actually isn't the case?

Ben Jones :

yes it would certainly suggest that there is no genuine redundancy in the circumstances and from what you have said it is more unfair than not

Customer:

So potentially where can I go from here? Do I assume it's more of a personal/discriminable matter?

Ben Jones :

I do not know the background so I cannot tell you if you are being personally targeted here but from what you have said I cannot see a genuine reason so it would suggest that may be the case. You can now try and renegotiate a package that you would be happy to leave with or if that is not possible and they make you redundant anyway then you can make a claim dismissal in the employment tribunal

Customer:

Would the tribunal be a lengthy process and will I have to remain in employment with my current employer during the process?

Customer:

Another question, they have said I can look work but I'm fearful that if I find somewhere and let them know then they can turn round and say that I'm leaving so I will not receive a package because I have nothing in writing? Should I get this all in writing first before confirming I have found somewhere?

Ben Jones :

you can only claim once you have been dismissed so you would not be in employment with them. It will take several months but before you are allowed to claim you have to go through ACAS and use their free mediation service to try and agree a financial settlement so there is a further opportunity to agree on something without having to claim. Whether you find something new would not affect your rights if you are being made redundant - you will only lose the redundancy pay if you actually resign but until you do so the employer will have to consider either leaving you in your job or making you redundant as proposed and they would still have to pay you redundancy

Customer:

Oh right, that's good then! So I can push to confirm on dates? Should I still get any offer in writing?

Customer:

If I was dismissed with a package that I wasn't happy with and felt I had no choice then could I still claim? I'm not sure how I have to be dismissed before I can claim? It sounds like I have to walk with nothing? is that correct?

Ben Jones :

you can ask them to confirm a specific redundancy date but it would not be legally binding until you have been issued with notice of termination so ask in writing. Whether you can claim if you receive a package would depend on how that was agreed - if it is a formal settlement agreement, where you get formal legal advice, it won't allow you to claim, but just an informal offer could still allow you to claim

Customer:

Ok, do I have to wait termination letter before I can actively go and work company?

Customer:

Will the termination letter also require the package/settlement? How can I agree that and make sure they adhere to it?

Ben Jones :

legally you can work than one employer at a time as long as you are not breaching any restrictions in your contract preventing that. I don't know how the employer proposes to do the settlement, if it is a formal settlement agreement then this will be done with a lawyer and you will get a formal agreement, otherwise you should certainly ask in writing - if they do not adhere to it then it would be a breach of contract which you can take further to the courts if needed

Customer:

There definitely won't be a lawyer involved. It will be a sit down discussion

Customer:

Would I be able to accept an offer with another company now whilst still in this situation and not cause any issues a package? As in they can't just get rid of me and forget about a settlement?

Ben Jones :

they can just make you redundant without any additional settlement because nothing has been agreed yet but then we go back to challenging this as an unfair dismissal

Customer:

Ok so it's best to sit down with them and get the settlement in writing before letting them know that I have accepted an offer with another company?

Ben Jones :

yes correct

Customer:

Great, many thanks help Ben

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46161
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions