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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48161
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon I made being made Involuntary Redundant

Resolved Question:

Good afternoon
I made being made Involuntary Redundant the company has decided the service myself and my two colleagues provide can be "eliminated. " I am working my notice period and have only been offered statutory redundancy pay. My employer is requesting that I do not share this information with my peers / colleagues or other employees in the organization. The role I perform means i have a duty of care professionally to other employees. I have not signed any compromise agreement or any other documents but my employer is quite insistent I do not share there decision with others . Can you advise please. Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Please can you tell me how long you have been employed for?
Customer: replied 1 year ago.
I am being made involuntary redundant the service i and my two colleagues provide is being eliminated . My employer is insisting we do not communicate this decision to others in the organization . We have a duty of care professionally to employees and we would like to advise them we are leaving . Can my employer insist we do not communicate their decision. We have not signed any documents.
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. Please do let me know how long you have been employed there for. I will then review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message after you have provided this information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Customer: replied 1 year ago.
21 years
Expert:  Ben Jones replied 1 year ago.
Thank you for your patience. There is no specific law which can require the employee to keep such information confidential. However, it can be a request made by the employer and can be considered a reasonable request by them. That could be for various reasons, such as the nature of the redundancy could be confidential, they may not want to destabilise the workforce, they may want to keep gossip to a minimum, etc. So whilst you may not have signed any formal confidentiality agreement, the employer can still make such a request. The fact that you are leaving will obviously be communicated to employees eventually as once you leave the company they will not be able to hide that fact. So it is not like this will never become public knowledge but it may be required to be kept confidential whilst the process is ongoing. The risk of you not adhering to this request is that the employer can treat it as a misconduct offence for failure to follow a reasonable instruction. Whilst it may not be serious enough for dismissal, that does not stop them from disciplining you or even dismissing you as a result. Whilst you will have the right to challenge it if it happens, you will be creating unnecessary work and headaches for yourself by having to then pursue an unfair dismissal claim. So that I why it is best avoided if at all possible. This is your basic legal position. I have more detailed advice for you in terms of the rights you have should the employer try and discipline you if you fail to follow their request, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Misconduct, such as an allegation of failing to follow a reasonable instruction, is a potential reason for taking disciplinary action against an employee. It could be due either to a single serious act of misconduct or a series of less serious acts over a period of time. In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:· Conducts a reasonable investigation;· Follows a fair disciplinary procedure; and· Shows they had reasonable grounds to believe the employee was guilty. In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows: 1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be. 2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague. 3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally sanction them. When deciding on the appropriate penalty, the employer should consider the nature and seriousness of the offence and the employee's disciplinary record. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning. In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken. If there are any doubts about any of the above and there is belief or evidence that the employer has not satisfied these requirements, an appeal can be submitted to the employer immediately after the disciplinary outcome. If the disciplinary results in dismissal then a claim for unfair dismissal can be made in the employment tribunal. There are two requirements to claim: the employee must have at least 2 years' continuous service with the employer and the claim must be made within 3 months of the date of dismissal.