Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Why do you believe you have been treated unfairly?
I feel they are not treating me fairly because they have not made any suggestions in terms of other options and told me they are looking for a more proactive PA - I took that as a sign that even if I applied for the new post I wouldn't get it. I know but cant prove this has been instigated by a new member of the team. Also as I said before the new job is not that different to what I'm doing now.
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:
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.
In your case there is an argument that the employer has just created a new job to try and remove you from yours, which is evidenced by the fact that the majority of the tasks are already the same as your old job. Also they seem to have pre-determined the outcome of any application by you for the newly-created job. The issue is that whilst you can raise all these issues in the consultation meetings, the employer can still proceed with making you redundant. If that is the case then you will have to consider appealing first with the employer and then making a claim for unfair dismissal in the employment tribunal.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks
Many thks for your advice very helpful.