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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46224
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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On the Aug 12th Friday I was gave notice for redundancy due

Resolved Question:

on the Aug 12th Friday I was gave notice for redundancy due to business restructure after the fall of the contract BHS. Note I was the only person being made redundant, saying cost cutting - my role Assistant General Manager.
I was told I had to work my four week notice but can have time off to go for interviews etc, I was also told they would try to find alternative positions in the business before 9th September my leaving date.
Monday 15th Aug - I received 2 letters from HR, 1dates Friday 12th Aug letter regarding the meeting and finding alternative work and a further meeting to be held in a few days.
letter 2 - dated Monday 15th confirming redundancy as no alternative work in the business and can appeal, nothing read through with me just handed over.
I worked Monday full shift, Tuesday full shift and sent an e-mail to head office to show my disappointment of the redundancy but thanked them for the 2 yesr and 5 months (professional)
Wednesday 17th Aug I was taken into the office and told I will be dismissed that day with full 4 weeks notice pay due to it being unfair to me to work the full 4 weeks notice.
I have recently found out they have employed someone into the role of supervisor to run the contract I was overseeing BHS International and will start 5th September Monday. Should I of not been offered the role before redundancy ?
Also note they have advertised for H&S advisor which I was told I was to for fill and they have had 2 more new contracts on site
Tracey
Submitted: 6 months ago.
Category: Employment Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long have you worked there for?

Customer: replied 6 months ago.
2 years and 5 months
Expert:  Ben Jones replied 6 months ago.

Thank you. If there is a redundancy situation, an employer has a duty to offer those employees at risk any suitable alternative employment (“SAE”) that may exist at the time. The objective is to keep the employee in a job rather than make them redundant. Therefore, if an employee accepts an offer of SAE, their employment will continue in the new position and they would lose their entitlement to a redundancy payment.

If the offer is considered unsuitable and the employee refuses it, they will be made redundant and still receive redundancy pay. However, if the offer was suitable and the employee unreasonably refuses it, they would effectively be resigning and will lose their entitlement to redundancy pay.

Nevertheless, if suitable alternatives did exist at the time and before your employment had terminated, the employer should have at least offered these to you. It does not guarantee you would have been successful in getting them and you may have also decided that they were not suitable for you, but you should have been given the opportunity to apply for them. Failing to do so could make the dismissal unfair and you could consider taking the matter further.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this further, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46224
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.
thank you for your reply.
It looks to me like unfair dismissal as was not offered any alternative role in the business and my leave date is the 9th September 2016 yet paid me of before this date and employed another member of staff.
Expert:  Ben Jones replied 6 months ago.

Yes I would agree. You now have 3 months to claim unfair dismissal. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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