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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47597
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My company have put me at risk of redundancy with one reason

Customer Question

My company have put me at risk of redundancy with one reason being to reduce permanent head count. Earlier when I had asked why contractor being retained in a role I could do, was told needed to reduce perm head count. However I have found out that they have just persuaded a permanent person to stay, due to leave next week. She will be doing the role of a contractor they let go as part of the downsize.
Is this right?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

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

Expert:  Ben Jones replied 10 months ago.

How many contractors are there exactly and do you know whether these are being reduced as well?

Expert:  Ben Jones replied 10 months ago.

Also, how long have you worked there for and how long has the other person been employed there for?

Customer: replied 10 months ago.
In my team has 4, 1 had contract ended which the area this permie is going to move into
Expert:  Ben Jones replied 10 months ago.

OK thank and how long have you both worked there for?

Customer: replied 10 months ago.
I have worked there 3 years, the other ba in my department, 1.5 years but was in other area of business before that. It's more the fact that they stated I couldn't do the contractor's role as need to cut perm head count. The contractor is picking up my work
Expert:  Ben Jones replied 10 months 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 10 months ago.

Many thanks for your patience. 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. The key in the above definition is that the employer is reducing its employees and this does not include contractors, agency staff, volunteers, etc. So it could be a case that the job still exists but the employer does not need as many employees doing it and wishes to use contractors to do it instead. The employees could therefore be made redundant even if the employer is retaining the contractors.

The only issue here is with the other employee who was made to stay and fill a job which would have been made by a contractor. If this person did the same job as you and they were persuaded to stay but you were not considered at the same time and given the opportunity to at least go head to head with them to decide who stay and who goes, your redundancy could potentially be unfair. However, that would only be the case if you did the same or largely similar job and they were just taken in preference to you without any fair selection procedure being followed.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss how you can challenge a potential unfair redundancy. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 9 months ago.
Thanks for the advice, am waiting on response from company so no further advice needed.
Expert:  Ben Jones replied 9 months ago.

You are welcome, I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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