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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47875
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I wonder if you can help me with my enquiry?I have

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Hi I wonder if you can help me with my enquiry? I have been employed with the same NHS Trust for 24 years.. In 2014 the Trust announced a reorganisation of the Trust and jobs would be cut. In November 14 I was subjected to a horrendous interview for a newly created role on the Pharmacy structure which was my role with purchasing bolted on. I had to wait a week for a reply a week, and then was told I was unsuccessful. There are other issues of incidents that occurred up to and during the interview. I did appeal but the appeal was not upheld. Since then I have been on absent from work related stress, caused solely by the treatment I have been subjected to. Even though I have been unwell I have engaged with the redeployment programme and have applied for at least 20 posts outside of the Trust and have been interviewed for 5, Unfortunatley I have been unsuccessful. Last week I attended an interview at the Trust for a post outside of Pharmacy at the same band I worked at previously Band 6. I was told I would be informed by Mon 2 march however I have heard nothing.. I was sent a cutting from the chief exec team brief issued to Trust staff last week ( I have no access to this information whilst off sick . he said that the board would be looking at redundancy for some displaced staff. However  no-one from HR or management have notified me of this) No-one including the Union can tell me who's names are ***** ***** list. Today I have been informed by my line manager that the Head of Pharmacy has said that he will create new band 5 posts rather than issue redundancy.. I was a band 6 and will not accept a band 5. I need to know how long this process can last. I need some resolution and closure. Surely the Trust have to issue redundancy notice at some point and it is unacceptable to go on with no end.... Regards D

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. Do you actually wish to be made redundant?
Customer:

yes

Customer:

because they have deleted my post a lower grade is unnacepable from a carrier prospective but also because I am the sole earner in my household

Ben Jones :

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

A redundancy process can actually go on indefinitely if needed. That could be due to various reasons, such as constant changes in the business needs, the creation of new jobs, etc. For example someone can be placed at risk of redundancy and the employer could then look at different options and offer different jobs but this process can go on as long as needed as long as the employee keeps their current job in the process. However, once they are n longer allowed to work in their original post then there is an argument that a redundancy has occurred and the employee should be issued with notice of redundancy. During their notice they could still be asked to apply for other posts and reject then if they are unsuitable but at least they would be made redundant once their notice expires. So if your old post no longer exists and you have not found anything new to move to you can ask the employer to issue you with notice of redundancy because your old post no longer exists. If they refuse then assuming you cannot find anything else suitable with that employer you can eventually consider resigning and making a claim for constructive dismissal and pursue compensation for the pay out you should have received had you been made redundant.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Thank you Ben this is really helpful

Customer:

Kind regards

Customer:

Dawn

Ben Jones :

you are welcome all the best

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