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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47368
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My ex husband has worked for Tesco all his life with a few

Customer Question

My ex husband has worked for Tesco all his life with a few breaks in other stores. He doesn't blend well with people so he is a night stock filler. Now Tesco say his non food role at night is no longer needed. They have told him he has to work days. All they have for him is a part time contract. What can he do to negotiate the best deal for himself as part time hours won't pay his bills
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Is there genuinely no longer a need for his role and are there no other options available that they can offer him?

Expert:  Ben Jones replied 9 months ago.

Hi there, the key here is whether the employer can show that his job has disappeared or they no longer require it. This would amount to a redundancy situation.

One of the definitions of redundancy is when there is a reduced requirement for employees to carry out work of a particular kind. 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. In this case if the job is no longer required so they can potentially make him redundant. What happens first is the employer should offer him any suitable alternative employment that exists so that redundancy can be avoided. They have done this by giving him day time shifts, even if they are part time. He can easily argue that these options are unsuitable and refuse to accept them in which case the other option is redundancy. Pushing them for a higher settlement is only really possible if he can show that there was no genuine redundancy, even then he has to go to tribunal to challenge that. There is of course nothing stopping him from approaching them and trying to negotiate an exit package but his bargaining powers may be somewhat limited.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.
It's ok. I found the thread. I have a query about a different matter. Are you able to answer it.
Expert:  Ben Jones replied 9 months ago.

What is your query about please and I will see if I can assist with it, thanks

Customer: replied 9 months ago.
I have a staff member who keeps going off and on the sick with stress. Sometimes she puts in sick certificates. Sometimes she doesn't for weeks on end. Then she will get back dated ones. What is our position legally during these periods she does not put in concurrent notes?
Expert:  Ben Jones replied 9 months ago.

I can certainly help with that, if you can please post it a a separate question for my attention, I will deal with it, thanks

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