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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48208
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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While off sick from work my manager called me to advise me

Resolved Question:

While off sick from work my manager called me to advise me of my redundancy & did not have face to face meeting, now is that 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. How long have you worked there for?

Customer: replied 1 year ago.
16 years & 11 month - Joined the bank 1st of November 1999! Currently on sick leave due a fractured wrist.
Expert:  Ben Jones replied 1 year ago.

Hi there, sorry I was offline by the time you had replied. When someone is facing redundancy they have the right to be taken through a formal and fair redundancy procedure. In general this would involve placing them at risk first, consulting with them, trying to find them suitable alternative employment and only if redundancy is inevitable – proceed with it. Whilst a face to face meeting is not legally required, a process of consultation is. So the employer should have consulted with you in some way – be it via emails, phone or letters – to discuss the reasons for redundancy and what options you have. If they have proceeded straight to issuing you with redundancy notice without any prior consultation then the redundancy is likely to be procedurally unfair which means this could amount to unfair dismissal. You can appeal the redundancy directly with the employer and if that is rejected, then your only option is to go to the employment tribunal to claim unfair dismissal.

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 matter 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

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