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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46133
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have some questions regarding proposed redundancy at work.

Resolved Question:

Hi.I have some questions regarding proposed redundancy at work. After 4 years of work they proposed to make my job redundant on the bases that regarding one of the client needs they will require enhanced IT skills and capabilities which they dont consider me to possess them. I know someone else will be doing my job because it has not ceased and is ongoing. Is it a fair base for making my job redundant or is it unfair dismissal?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
They offered me 3 options in proceeding this matter. First option is the redundancy official way. Second is we have a settlement agreement plus they might put in the letter that the redundancy was offered. As they said it would count as a volunteer redundancy. Third option is i leave my job on my account without any lawyer involvement and I will get more money in this option.
I know for sure my manager is doing my duties at the moment as well I heard they asked another colleague to do my job but she refused. That only shows that my job position can not be made redundant and they only want for me to leave for the reason that i do not possess required IT skills which they will need in future. Nothing in my contract or when applied for this job was said about enhanced IT skills and they were satisfied with the job and my skills all these 4 years.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How do you ideally wish to resolve this - can you continue working there or are you looking for a fair way out?
Customer: replied 1 year ago.
Hi Ben. Thank you for your reply. As for my benefit and security I am leaning towards the option 3. But then I read Guide to the law and found some points for unfair dissmisal where if my job duties is going to do some one else then its anfair dissmisal. As well as my enhanced IT skills were not needed when started the job. Obviously I have learned a great deal of IT skills during these 4 years with attending IT courses and etc but now looks its still not enough. And what would be a fair way out in this situation? They haven't offered me any other job to replace this one. If i dont have a fair reason for unfair dissmisal then I will go for option 3.
Customer: replied 1 year ago.
I dont wish to work for this complany any longer but not sure what is the best option to proceed. The money diference between option 1 and 3 compensation is 1500£ roughly , thats the estimate i was given.Please advise.
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline when you replied. Whether there is a case for unfair dismissal really depends on whether the employer can show there was a genuine redundancy situation and a fair procedure was followed. 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 closed2. Workplace closure – closure or relocation of one or more sites3. 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. 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. It is not unlawful for your job to remain and for someone to do it as that could still be a redundancy situation but it depends on how t is done. Taking you out just to replace you with someone is not redundancy. If there are a few doing your job it could be that the headcount is reduced and the number of positions are reduced but the job itself remains. However, the employer could try and justify this by saying your particular job no longer exists and it is being removed, then create a new job with the different skill set. So it really depends on whether the two jobs can be shown to be different enough, because if they are too similar then the redundancy justification could be questioned. I suggest you try and agree a reasonable sum to leave amicably, something to include at least your notice period, all due holidays, the redundancy payment you would normally get, plus a couple of months’ extra pay for the potential unfairness. 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
Customer: replied 1 year ago.
Hi Ben. Thank you very much for clarifying my doubts of unfair dissmisal. I can then proceed with the third choice. They offered me the package which consists of 3 month net salary, plus any holiday left payment. I am also entitled 4 weeks notice period and statitory redundancy payment. My question is does this offered 3 months net salary payment includes 4 weeks notice and statitory redundancy payment or they should be separate payments? Could I ask on top of all the above your suggested "couple of month" extra payment for a potential unfairness? They offered 1500£ which is one months of my net salary, can I ask for more? Thank you.
Expert:  Ben Jones replied 1 year ago.
It could include these payments which is why you should clarify it at the outset and ask for a breakdown. To be honest you could ask for anything you want but you will only get what the employer is willing to give so it is rather difficult to say what to ask for as I simply do not know he employer's position on this. You can always start negotiations with a larger request and then work your way down to something you would be happy to accept (and of course the employer would be happy to pay) If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46133
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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