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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We are looking to close one branch of our business due to a

Customer Question

We are looking to close one branch of our business due to a significant downturn of business this year in the area. The lease for the building is up towards the end of this year and we don't wish to renew it. Our Middlesbrough branch will close and the staff that we haven't already lost will have the option to transfer to our Newcastle branch. My question really is we have a supervisor at Middlesbrough and one at Newcastle therefore we would not be looking to have two of the same in one branch. Can we treat this as redundancy ? Also what would be the earliest we would need to start consultation with the Branch staff of the impending closure ?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How many people are being made redundant?
Customer: replied 2 years ago.

Potentially only the supervisor. We currently have 2 internal sales people and 2 envoys and the supervisor.

1 internal has been offered another job already and the other could look after the accounts from the Newcastle site.

1 Envoy leaves at the end of this month as he has another job and it is hoped the internal sales person will look to take on some of the envoy role also.

Just leaving the supervisor which like I said we already have one at the Newcastle branch and with the minimal amount of work that is coming through currently it doesn't make sense to ask her to work out of the Newcastle branch as the current activity could be swept up by the Newcastle branch.

Expert:  Ben Jones replied 2 years ago.
Were employees often working between the two offices or were they always treated completely separate?
Customer: replied 2 years ago.

No they have always been two separate branches within the region as there is a third branch in Sheffield. Both Newcastle and Sheffield business doing well and the lease on the premises all have a long period remaining.

Expert:  Ben Jones replied 2 years ago.
The closure of a branch would amount to a redundancy situation. If you have a person working for one branch and that branch is treated independently and there is no connection to other branches then you can make the supervisor from there redundant when this branch closes. It means you do not have to involve the supervisor in the remaining branch. As to the remaining employees when you start consulting with them depends on how many of them would potentially be made redundant. If there are more than 20 potential redundancies Then the consultation must start at least 30 days before the fist redundancy is due to take place. If there are more than 100 potential redundancies then the period is 45 days.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Customer: replied 2 years ago.

We have spoken to the branch staff regarding the closure of the branch. Ideally we would like to retain the staff until late November/Dec however Middlesbrough have today announced that SSI in Redcar has closed will 1700 employees losing their jobs.

I was asked today by a member of our Middlesbrough branch that if they found employment before December would they still receive their Redundancy and Notice. Obviously under normal circumstances if they found a job then they would lose their rights to redundancy pay however we don't wish for this to happen can we negotiate a leave date if required. One member of staff has stated that she doesn't wish to work her notice and would rather go sooner rather than later but expects her Redundancy and Stat. Notice payment as she has been with us for 20+ year if staff don't want to work their notice period can we just pay them and let them go ?

Expert:  Ben Jones replied 2 years ago.
Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks