Employment Lawyers Can Answer Your Employment Law Questions
, my name is ***** ***** it is my pleasure to assist you with your question today.
What is the actual reason ?
I am being replaced by a senior PM
That's as much info as I have been given
and I've looked into it online and don't believe I can be replaced
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?
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:
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
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?
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
So potentially where can I go from here? Do I assume it's more of a personal/discriminable matter?
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
Would the tribunal be a lengthy process and will I have to remain in employment with my current employer during the process?
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?
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
Oh right, that's good then! So I can push to confirm on dates? Should I still get any offer in writing?
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?
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
Ok, do I have to wait termination letter before I can actively go and work company?
Will the termination letter also require the package/settlement? How can I agree that and make sure they adhere to it?
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
There definitely won't be a lawyer involved. It will be a sit down discussion
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?
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
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?
Great, many thanks help Ben
you are welcome, all the best