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