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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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We are on a 45 day proposed redundancy period, we have been

Resolved Question:

We are on a 45 day proposed redundancy period, we have been told its our job roles that are been made redundant not us as employees, but we have found out today job vacancies have been advertised under our old precisions is this legal
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for and what would be the ideal outcome for you given the circumstances?

Customer: replied 1 year ago.
I have worked for the company for 2 half years I have been told I will get 3 weeks redundancy pay. I would like to keep my job but on light duties due to a slipped disk(Oct15) with doctors notes. I am a retail assistant but they want to make everyone to a GSA and shifts maybe flexy time evenings and weekend work which I don't want, but we found out today that's jobs have been advertise under our so what old job roles its this legal can you please help.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. It does not really appear that what the employer is doing is legal. However it would depend on the circumstances.

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 it is possible that the jobs remain but less people are doing them – that would be lawful if you were fairly selected and were unsuccessful in the selection process. However, if you were simply told you are being made redundant and told no other jobs were available then suddenly the old positions re-appear, that could indeed be an unfair redundancy and unfair dismissal.

This is your basic legal position. I have more detailed advice for you in terms of the ways to challenge this, 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 and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. If the dismissal is to be challenged as being unfair, then the first step is to appeal directly with the employer if you are still within the time limit to appeal. If you are too late or your appeal is unsuccessful then the next option is to claim unfair dismissal in the employment tribunal, which must be done within 3 months of the 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.