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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45287
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a query regarding whether a redundancy process has

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Hi I have a query regarding whether a redundancy process has been implemented properly.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
I am part of a management team of a small charitable organization and a redundancy process has commenced on another member of the management team. The notification letter issued advises that the position of X is at risk of redundancy and invites the person to appeal against this decision at a meeting where they will have the opportunity to make their appeal prior to a formal decision on the position being made. (the text of the letter states: "we have reluctantly decided that the position of X held by you is at risk of redundancy. If you wish to appeal against this decision, you will have an opportunity to make your appeal prior to a formal decision on the position being made") No legal advice has been sought in connection with this and the person charged with implementing this is taking heavy reliance from another staff member who only has informal experience in such processes. We are a risk averse organization and need to be able to understand quickly if we have any risk of this developing into unfair dismissal
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.

Ben - I am not the person who is subject to the redundancy, but that person has been employed for over two years. I have been involved for over 12 years at a management level, however I am voluntary.

Further edited to add that the person subject to the 'at risk' letter has responded to clarify, based on the language that I posted, that they are (a) at risk or whether (b) they have actually been made redundant and therefore are entitled to appeal.

Expert:  Ben Jones replied 1 year ago.
Sorry my initial query did mean to say how long that person has worked there for, not you? As the person has more than 2 years’ service they will be protected against unfair dismissal. This means that if you are looking to dismiss them, whether for redundancy or any other reason, you would be expected to conduct a fair procedure.
When it comes to redundancy, an employer is expected to show that there was a genuine redundancy situation, consult with the affected employees, take them through a consultation, offer them any suitable alternative employment that exists and only if redundancy is still the only option left, proceed with it.
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.
You may consult with the following document which described the required procedure in more detail and ensure that you follow what is required of you as an employer:
http://www.mediafire.com/view/su5676zd4jmb59u/Redundancy_Toolkit.pdf
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
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45287
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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